Legal Opinion
Delta Tank Manufacturing Co. v. Weatherhead Co.
District Court, N.D. Ohio
Decided April 4, 1957No. Civ. A. 29828PublishedCited by 7 opinions
1Opinion of the Court
WEICK, District Judge.
This is an action to recover $12,500 damages for the breach of an implied warranty of fitness in the sale of a gas-regulator, which was defective and caused an explosion.
Jurisdiction of the Court was based on diversity of citizenship.
A jury was waived and the case was. tried by the Court.
The court considered the pleadings, the stipulations of the parties,- the testimony and deposition of Robert C. Weast, the deposition of Louis B. Courtot, the answers to the interrogatories, arguments and briefs of counsel.
The regulator in question was of the general design used in the…
2Cases cited14 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Builders Supply Co. v. McCabeSupreme Court of Pennsylvania · 1951
- Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
- Bello v. ClevelandOhio Supreme Court · 1922
- Globe Indemnity Co. v. SchmittOhio Supreme Court · 1944
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lachman v. Bank of Louisiana in New OrleansDistrict Court, N.D. Ohio · 1981
- Sperry Rand Corporation v. Industrial Supply Corporation, Industrial Supply Corporation v. Sperry Rand CorporationCourt of Appeals for the Fifth Circuit · 1964
- Thomas G. Caruloff v. Emerson Radio & Phonograph Corporation, and Third-Party v. Standard Kollsman Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1971
- Cartel Capital Corp. v. Fireco of New JerseyNew Jersey Superior Court Appellate Division · 1978
- Caruloff v. Emerson Radio & Phonograph Corp.District Court, S.D. New York · 1970
2 more not listed; retrieve them via the Exa API.