Legal Opinion
Diskmakers, Inc. v. Dewitt Equipment Corporation, Jack Rosenfeld, Counterclaimant
Court of Appeals for the Third Circuit
Decided May 18, 1977No. 76-1955PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
A seller’s precipitous decision to declare a breach of contract and the district court’s premature entry of judgment in agreement with the seller’s position underlie this appeal. Because the legality of its stance is uncertain, the seller may have been hasty in its action and, hence, the district court was likewise in granting summary judgment. Accordingly, we will vacate and remand for a more complete development of the facts.
In a shortage market where transactions are negotiated by brokers acting at long distances from both the ultimate customers and…
2Cases cited7 opinions
- National Surety Corporation, a Corporation of the State of New York v. The Midland Bank, a Corporation of New JerseyCourt of Appeals for the Third Circuit · 1977
- Pittsburgh-Des Moines Steel Co., Plaintiff-Counter-Defendant-Appellant v. Brookhaven Manor Water Co., Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1976
- Ross Systems v. Linden Dari-Delite, Inc.Supreme Court of New Jersey · 1961
- Chase Manhattan Bank v. EquibankCourt of Appeals for the Third Circuit · 1977
- Amf, Incorporated v. McDonald CorporationCourt of Appeals for the Seventh Circuit · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Top of Iowa Cooperative v. Sime Farms, Inc.Supreme Court of Iowa · 2000
- CUMBERLAND CTY. IMP. AUTH. v. GSP Recycling Co.New Jersey Superior Court Appellate Division · 2003
- American Bronze Corp. v. Streamway ProductsOhio Court of Appeals · 1982
- Chronister Oil Company v. Unocal Refining and Marketing (Union Oil Company of California)Court of Appeals for the Seventh Circuit · 1994
- Koch Materials Co. v. Shore Slurry Seal, Inc.District Court, D. New Jersey · 2002
7 more not listed; retrieve them via the Exa API.