Legal Opinion

S & R Metals, Inc. v. C. Itoh & Co. (America), Inc.

Court of Appeals for the Ninth Circuit

Decided October 21, 1988No. 87-5548PublishedCited by 20 opinions

1Opinion of the Court

HUG, Circuit Judge:

C. Itoh & Co. (America), Inc. (“C. Itoh”) appeals the judgment of the district court in favor of the plaintiff S & R Metals, Inc. (“S & R”). The district court held that S & R is entitled to revoke its acceptance of steel delivered under contract by C. Itoh. The court determined that S & R may return that steel to C. Itoh and C. Itoh is liable for damages, interest, and costs in the aggregate amount of $1,646,969.

PACTS

C. Itoh is a steel trading company that buys and sells steel in bulk. S & R is a steel service center that buys steel in bulk and resells it in smaller…

2Cases cited4 opinions

  1. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  2. Fiorito Bros., Inc. v. Fruehauf CorporationCourt of Appeals for the Ninth Circuit · 1984
  3. Abbett v. ThompsonIndiana Court of Appeals · 1970
  4. Roadway Express, Inc., a Delaware Corporation v. Wilfred E. Jossy, William O. Jossy and Roberta TichenorCourt of Appeals for the Ninth Circuit · 1988

3Cited by20 opinions

  1. McCalden v. California Library Ass'nCourt of Appeals for the Ninth Circuit · 1990
  2. Dennis Vanhaaren v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the First Circuit · 1993
  3. James Casazza v. Joseph C. KiserCourt of Appeals for the Eighth Circuit · 2002
  4. Katz ex rel. S.S. v. Children's Hospital of Orange CountyCourt of Appeals for the Ninth Circuit · 1994
  5. Knapp Shoes, Inc. v. Sylvania Shoe Manufacturing Corp.Court of Appeals for the First Circuit · 1995

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