Legal Opinion

BMC Industries, Inc. v. Barth Industries, Inc.

Court of Appeals for the Eleventh Circuit

Decided November 18, 1998No. 95-5137, 95-5338PublishedCited by 63 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

This appeal arises from a contract entered into between BMC Industries, Inc., and Barth Industries, Inc., for the design, manufacture, and installation of equipment to automate BMC’s production line for unfinished eyeglass lenses. Eighteen months after the delivery date set out in the contract had passed, BMC filed suit against Barth for breach of contract. 1 Barth, in turn, counterclaimed for breach of contract. BMC’s suit also included a claim against Barth’s parent company, Nesco, Inc. 2 According to BMC, Nesco had orally promised to ensure Barth’s completion of the…

2Cases cited33 opinions

Cramer v. State of FloridaCourt of Appeals for the Eleventh Circuit · 1997
Wisconsin Knife Works v. National Metal CraftersCourt of Appeals for the Seventh Circuit · 1986
Frances M. Bonebrake, Administratrix De Bonis Non of the Estate of Woodrow B. Simek, Deceased v. Donald Cox and Claude Cox, D/B/A Tamarack BowlCourt of Appeals for the Eighth Circuit · 1974
Preserve Endangered Areas of Cobb's History, Inc. v. United States Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 1996
Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.Court of Appeals for the Second Circuit · 1979

28 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

Christopher J. Weiland v. Palm Beach County Sheriff's OfficeCourt of Appeals for the Eleventh Circuit · 2015
Davis v. Coca-Cola Bottling Co. ConsolidatedCourt of Appeals for the Eleventh Circuit · 2008
Valspar Refinish, Inc. v. Gaylord's, Inc.Supreme Court of Minnesota · 2009
Blanche Paylor v. Hartford Fire Insurance GroupCourt of Appeals for the Eleventh Circuit · 2014
Sierra Club v. Van AntwerpCourt of Appeals for the Eleventh Circuit · 2008

58 more not listed; retrieve them via the Exa API.