Central Fabricators, Inc. v. Big Dutchman Division of US Industries, Inc.

Plaintiff Central Fabricators sued the defendant, Big Dutchman, a Division of U.S. Industries, for the amount they claim due and owing on open account. The alleged account arose out of the sale by Central Fabricators to Big Dutchman of products known as "Dur-A-Frames” and "Econ-A-Frames”. Big Dutchman counterclaimed alleging that Central Fabricators had breached express and implied warranties regarding the frames Central had designed and built and requested damages for lost profits and out-of-pocket losses. The out-of-pocket losses reflect expenses incurred by Big Dutchman in connection with…