Legal Opinion
Data Processing Services, Inc. v. L.H. Smith Oil Corp.
Indiana Court of Appeals
Decided April 28, 1986No. 4-485A97PublishedCited by 29 opinions
1Opinion of the Court
CONOVER, Judge.
Defendant-Appellant Data Processing Services, Inc. (DPS), appeals an adverse breach of contract judgment in favor of plaintiff-appellee, LH. Smith Oil Corporation (Smith).
We affirm.
ISSUES
The issues presented for review, restated, are:
1. Whether Smith's claim was barred for failure to assert it as a compulsory counterclaim in an earlier action?
2. Whether the contract was for 'goods' and subject to the sales provisions of the Uniform Commercial Code 1 or for 'services' and therefore governed by common law principles?
3. If subject to article 2 of the Uniform Commercial Code (UCC),…
2Cases cited44 opinions
- Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.Court of Appeals for the Second Circuit · 1979
- Urbanational Developers, Inc. v. Shamrock Engineering, Inc.Indiana Court of Appeals · 1978
- Hunter v. MilhousIndiana Court of Appeals · 1973
- Liberty Financial Management Corp. v. Beneficial Data Processing Corp.Missouri Court of Appeals · 1984
- Chatlos Systems, Inc. v. National Cash Register Corp.District Court, D. New Jersey · 1979
39 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Conwell v. Gray Loon Outdoor Marketing Group, Inc.Indiana Supreme Court · 2009
- Olcott International & Co. v. Micro Data Base Systems, Inc.Indiana Court of Appeals · 2003
- Micro Data Base Systems, Inc., Cross-Appellee v. Dharma Systems, Inc.Court of Appeals for the Seventh Circuit · 1998
- Harp v. Indiana Department of HighwaysIndiana Court of Appeals · 1992
- Micro-Managers, Inc. v. GregoryCourt of Appeals of Wisconsin · 1988
24 more not listed; retrieve them via the Exa API.