Consolidated Bottling Co. v. Jaco Equipment Corp. v. United States Fidelity & Guaranty Co., Third-Party

MOORE, Circuit Judge:

Plaintiff-seller Consolidated Bottling Co. (Consolidated) appeals from the dismissal with prejudice of its complaint against Jaco Equipment Corp. (Jaco), the defendant and alleged purchaser whereby Consolidated seeks to recover from Jaco the purchase price of $11,500 for certain used can filling equipment which was seriously damaged before delivery was made. Jurisdiction is founded on diversity of citizenship. The dis-positive question presented for review is whether under the New York Uniform Commercial Code (hereinafter referred to as “N. Y. U. C. C.” or the “Code”) the…