Loeffel Steel Products, Inc. v. Delta Brands, Inc.

MEMORANDUM OPINION AND ORDER

COLE, United States Magistrate Judge.

Plaintiff Loeffel Steel Products, Inc. (“Loeffel”) purchased from defendant Delta Brands Inc. (“DBI”) a rotary shear multi-blanking line (“the Line”) — a machine that cuts and stacks sheets of steel. According to Loeffel, the machine did not perform up to the specifications DBI had promised in the sales contract. It filed suit alleging breach of contract, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and fraud.

On February 25, 2004,…