Frick Forest Products, Inc. v. International Hardwoods, Inc.

Banke, Judge.

The appellant sued the appellee to collect the balance due on a note executed as payment for certain machinery installed at the appellee’s sawmill, and the appellee counterclaimed for $786,500 in lost revenues which allegedly resulted from defects in the machinery. This claim was based on breach of express and implied warranties of sale. The trial court granted the appellant’s motion for summary judgment for the amount due on the note but denied its motion to dismiss the counterclaim. We granted an interlocutory appeal from the latter ruling.

The written contract for the sale of…