Legal Opinion
Air Products & Chemicals, Inc. v. Fairbanks Morse, Inc.
Wisconsin Supreme Court
Decided April 20, 1973No. 364PublishedCited by 79 opinions
1Opinion of the CourtHanley, J.
Four issues are presented on this appeal: 1. Is the four-year Pennsylvania statute of limitations a defense to any or all of Air Products’ or Hartford’s causes of action?
2. Can a contract which states that liquidated damages “shall be in addition to any and all other remedies of buyer” be interpreted to mean that liquidated damages is the buyer’s sole and exclusive remedy ?
3. Under Pennsylvania law can limitation of liability provisions contained in the seller’s “acknowledgments of order” become terms in the contracts of sale when the buyer’s purchase orders contained no such terms and the…
2Cases cited16 opinions
- Seely v. White Motor Co.California Supreme Court · 1965
- Webb v. ZernSupreme Court of Pennsylvania · 1966
- Dippel v. ScianoWisconsin Supreme Court · 1967
- Kassab v. SoyaSupreme Court of Pennsylvania · 1968
- Wilcox v. WilcoxWisconsin Supreme Court · 1965
11 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Nobility Homes of Texas, Inc. v. ShiversTexas Supreme Court · 1977
- Heavner v. Uniroyal, Inc.Supreme Court of New Jersey · 1973
- Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc.Texas Supreme Court · 1978
- Frank's Maintenance & Engineering, Inc. v. C. A. Rorerts Co.Appellate Court of Illinois · 1980
- Earl M. Jorgensen Co. v. Mark Construction, Inc.Hawaii Supreme Court · 1975
74 more not listed; retrieve them via the Exa API.