Legal Opinion
K & M Joint Venture v. Smith International, Inc.
Court of Appeals for the Sixth Circuit
Decided February 3, 1982No. 79-3696PublishedCited by 46 opinions
1Opinion of the Court
LIVELY, Circuit Judge.
In this diversity action the district court awarded damages of $1,492,230 to an Ohio purchaser of equipment from a California seller for breach of an implied warranty of merchantability. The plaintiff-appellee is K&M Joint Venture (K&M) which was formed for the purpose of bidding on a sewer project of the City of Cleveland. After being awarded the contract for the project a principal of K&M contacted an officer of the Calweld Division of defendant-appellant Smith International, Inc. (Calweld) by telephone to learn if he knew of a 12-foot diameter tunnel boring machine…
2Cases cited17 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Baumgartner v. United StatesSupreme Court of the United States · 1944
- Marjorie Glasson v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 1975
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
12 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Roth Steel Products, and Toledo Steel Tube Company, Cross-Appellants v. Sharon Steel Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- Chemtrol Adhesives, Inc. v. American Manufacturers Mutual InsuranceOhio Supreme Court · 1989
- Samuel J. Cavin v. Honda of America Manufacturing, Inc.Court of Appeals for the Sixth Circuit · 2004
- Royal Typewriter Company, a Division of Litton Business Systems, Inc., a Corporation v. Xerographic Supplies Corporation, a CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Cardinal Health 301, Inc. v. Tyco Electronics Corp.California Court of Appeal · 2008
41 more not listed; retrieve them via the Exa API.