Hci Chemicals (Usa), Inc. v. Henkel Kgaa, Defendant-Third Party v. Empresa Naviera Santa, S.A., Third Party

W. EUGENE DAVIS, Circuit Judge:

Appellant, Henkel KGaA (“Henkel”), appeals the district court’s award of $592,-755.70 in damages plus attorney’s fees to HCI Chemicals (U.S.A.), Inc. (“HCI”) for breach of contract. The district court found that Henkel supplied HCI with nonconforming goods and that, following its first opportunity to inspect them, HCI properly rejected the goods. We conclude that HCI did not effectively reject the goods but is entitled to recover the same amount of damages under an acceptance theory of recovery for Henkel’s breach of warranty. We therefore affirm the district…