Legal Opinion
Alderney Dairy Company, Inc. v. Hawthorn Mellody, Inc., and National Industries, Inc
Court of Appeals for the Third Circuit
Decided February 23, 1981No. 80-1948PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
I
This is an appeal from an order granting defendants’ motion for summary judgment in a breach of warranty dispute resulting from the sale of an ongoing business. The district court based its order on the ground that defendants did not breach any warranty or representation made in their agreement of sale. We believe the court erred in this finding and therefore vacate the judgment. Because we believe that there may be factual issues to be resolved as to the duration of the warranty, we will remand to the district court.
II
On January 20, 1972…
2Cases cited11 opinions
- Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
- Mayfair Fabrics v. HenleySupreme Court of New Jersey · 1967
- Hurd v. HutnikDistrict Court, D. New Jersey · 1976
- Farris Engineering Corporation v. The Service Bureau CorporationCourt of Appeals for the Third Circuit · 1969
- International Business MacHines Corporation v. Catamore Enterprises, Inc.Court of Appeals for the First Circuit · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- A.J. Tenwood Associates v. Orange Senior Citizens Housing Co.New Jersey Superior Court Appellate Division · 1985
- Adams v. New Jersey Brewery Employees' Pension Trust Fund, Local Union 843Court of Appeals for the Third Circuit · 1982
- Marshall, W. Frederick v. Aetna Casualty & Surety CompanyCourt of Appeals for the Third Circuit · 1981
- Lambert v. Weyerhaeuser Co. (In Re Paragon Trade Brands, Inc.)United States Bankruptcy Court, N.D. Georgia · 2002
- Nos. 81-1347, 81-1348Court of Appeals for the Third Circuit · 1982