AGF, Inc. v. Great Lakes Heat Treating Co.

This case presents two issues for our determination: (1) whether appellant (buyer) provided appellee (seller) with adequate notice required by R.C. 1302.65(C)(1) so as to preserve a claim for breach of express warranty; and (2) whether appellant, a new business, may recover lost profits. An overview of the contractual relationship between the parties is beneficial to our determination of these issues.

Norman R. Fisher, Jr. gained experience in the field of heat treating by working with his father, who owned a heat treating company. In 1979, Fisher developed a plan to establish his own business…