Union Pipe & Machinery, Ltd. v. Luria Steel & Trading Corp.

OPINION

By STEWART, Circuit Judge.

Union Pipe & Machinery, Ltd. (hereinafter called Union), a Canadian corporation, brought this action in the district court against Luria Steel & Trading Corporation (hereinafter called Luria), an Ohio corporation, for damages growing out of Union’s purchase from Luria of a quantity of steel tubes. The complaint was based upon a claimed breach of an express warranty that the material sold was seamless tubing. Luria filed a counterclaim for breach of contract. From the district court’s judgment awarding Union a partial recovery, both parties have appealed.

In…