Ales-Peratis Foods International, Inc. v. American Can Co.

Opinion

JOHNSON, J.

This appeal is from a summary judgment in favor of the respondent can manufacturer, American Can Company. Appellant, Ales Peratis Foods International, Inc., is a buyer, packager and seller of seafood. Ales-Peratis purchased cans manufactured by the respondent from Gencan, a can supplier, for use in its business. When delivered, the cans were discovered to be defective. The cans therefore were not usable and Ales-Peratis lost the opportunity to can a large quantity of abalone. In response to this, Ales-Peratis filed a complaint seeking recovery from American Can for the…