Legal Opinion
County Asphalt, Inc. v. The Lewis Welding & Engineering Corporation
Court of Appeals for the Second Circuit
Decided June 11, 1971No. 742, Docket 35833PublishedCited by 53 opinions
1Opinion of the Court
BLUMENFELD, District Judge:
This is a diversity action claiming damages for negligence, breach of contract and breach of warranties arising out of the defendant’s performance of agreements to furnish and erect two asphalt plants for the plaintiff. The de fendant answered with a general denial and counterclaimed for the unpaid balance of the contract price, damages for conversion of the plants, and for the rental value of an old plant which the plaintiff had traded in as partial consideration for the new ones. After a trial to a jury, it returned a general verdict for the defendant on its first…
2Cases cited8 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- County Asphalt, Inc. v. Lewis Welding & Engineering Corp.District Court, S.D. New York · 1970
- Julien J. Studley, Inc. v. Gulf Oil CorporationCourt of Appeals for the Second Circuit · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Frank's Maintenance & Engineering, Inc. v. C. A. Rorerts Co.Appellate Court of Illinois · 1980
- S. M. Wilson & Company v. Smith International, Inc.Court of Appeals for the Ninth Circuit · 1978
- American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976
- Soo Line Railroad Company v. Fruehauf CorporationCourt of Appeals for the Eighth Circuit · 1977
- Fredonia Broadcasting Corporation, Inc. v. Rca CorporationCourt of Appeals for the Fifth Circuit · 1973
48 more not listed; retrieve them via the Exa API.