Cook Specialty Co. v. Schrlock

MEMORANDUM

WALDMAN, District Judge.

Defendant Machinery Systems, Inc. (“MSI”) contracted to sell plaintiff a machine known as a Dries & Krump Hydraulic Press Brake. When the machine was lost in transit, plaintiff sued defendants to recover for the loss. Presently before the court is plaintiff’s Motion for Summary Judgment and defendant MSI’s Cross-Motion for Summary Judgment.

I. LEGAL STANDARD

In considering a motion for summary judgment, the court must consider whether the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, show there is no…