Legal Opinion

Thermo King Corp. v. Strick Corp.

District Court, W.D. Pennsylvania

Decided March 19, 1979No. Civ. A. 77-1332PublishedCited by 22 opinions

1Opinion of the Court

AMENDED MEMORANDUM

COHILL, District Judge.

Plaintiff, Thermo King Corporation (“Thermo King”), brought a diversity action against defendant, Strick Corporation (“Strick”), to recover $15,000 that Strick had deducted from the purchase price of goods Thermo King sold to Strick in early 1974. In its answer, Strick admitted all factual allegations of the complaint but asserted a $15,000 indemnity counterclaim against Thermo King arising from an unrelated, separate transaction.

This separate transaction involved Thermo King’s sale in December, 1970 of allegedly defective truck refrigeration units to…

2Cases cited5 opinions

  1. Employers Liability Assurance Corp. v. Greenville Business Men's Ass'nSupreme Court of Pennsylvania · 1966
  2. Mack Trucks, Inc. v. Bendix-Westinghouse Automotive Air Brake Company v. Latrobe Die Castingcompany, Third-PartyCourt of Appeals for the Third Circuit · 1967
  3. Keystone Aeronautics Corporation, a Corporation v. R. J. Enstrom Corporation, a Corporation v. Foundry Allied Industries, Inc., a CorporationCourt of Appeals for the Third Circuit · 1974
  4. Zimmer v. Mitchell and NessSuperior Court of Pennsylvania · 1978
  5. United New York Sandy Hook Pilots Ass'n v. Rodermond Industries, Inc.Court of Appeals for the Third Circuit · 1968

3Cited by22 opinions

  1. Borden, Inc. v. Advent Ink Co.Superior Court of Pennsylvania · 1997
  2. Collins Radio Co. of Dallas v. BellCourt of Civil Appeals of Oklahoma · 1981
  3. City of Willmar v. Short-Elliott-Hendrickson, Inc.Supreme Court of Minnesota · 1994
  4. Central Washington Refrigeration, Inc. v. BarbeeWashington Supreme Court · 1997
  5. Hornberger v. General Motors Corp.District Court, E.D. Pennsylvania · 1996

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