Legal Opinion
Ted Sobiech, D/B/A Ted Sobiech Farms, Plaintiff-Counter-Claim v. International Staple and MacHine Co., Inc., Defendant-Counter-Claim
Court of Appeals for the Second Circuit
Decided February 10, 1989No. 477, Docket 88-7682PublishedCited by 16 opinions
1Opinion of the Court
WINTER, Circuit Judge:
This is an appeal by the defendant, International Staple and Machine Co., Inc. (“ISM”), from a decision awarding the plaintiff, Ted Sobiech, d/b/a Ted Sobiech Farms, damages for breach of implied warranties with regard to certain machines ISM sold to the plaintiff. Because we conclude that no warranties existed, we reverse that damage award. The district court also held that ISM was not entitled to the contract price. Because Sobiech had purchased the machines, used them in his business for over three years and never sought to return them, we conclude that Sobiech did…
2Cases cited15 opinions
- Odie Joe Reid v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
- Computerized Radiological Services, Cross-Appellant v. Syntex Corporation and Syntex Analytical Instruments, Inc., Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
- Dr. Luel P. Overstreet v. Norden Laboratories, Inc.Court of Appeals for the Sixth Circuit · 1982
- Henry Heide, Inc. v. Wrh Products Co., Inc., Cross-Appellant. Appeal of Sterilite Corporation and the Dow Chemical CompanyCourt of Appeals for the Third Circuit · 1985
- Merle Schuneman and Robert Doty, Trustees Under Trust Agreement Dated April 10, 1977, With Kathryn M. Keefe, as Settlor v. United StatesCourt of Appeals for the Seventh Circuit · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cross & Cross Properties, Ltd., Cross-Appellant v. Everett Allied Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Driscoll v. STANDARD HARDWARE, INC.Court of Appeals of Minnesota · 2010
- Ethicon, Inc. v. Aetna Casualty & Surety Co.District Court, S.D. New York · 1990
- Hospital Computer Systems, Inc. v. Staten Island HospitalDistrict Court, D. New Jersey · 1992
- Phibro Energy, Inc. v. Empresa De Polimeros De Sines SarlDistrict Court, S.D. New York · 1989
11 more not listed; retrieve them via the Exa API.