Legal Opinion
Florida Power & Light Company v. Westinghouse Electric Corporation
Court of Appeals for the Fourth Circuit
Decided June 30, 1978No. 77-2448PublishedCited by 4 opinions
1Opinion of the Court
DONALD RUSSELL, Circuit Judge:
In this action for breach of contract, defendant Westinghouse Electric Corporation (Westinghouse) appeals from an order of the District Court to strike certain of Westinghouse’s defenses insofar as those defenses relate to § 2-615 of the Uniform Commercial Code (U.C.C.) (Fla.Stat. § 672.615). 1
In 1966 the parties to this action entered into two contracts — a Plant Equipment Contract and a Fuel Contract. The effective date of both contracts was stated as November 15, 1965. Under the equipment contract, Westinghouse agreed to furnish Florida Power and Light (FPL)…
2Cases cited22 opinions
- McGee v. International Life InsuranceSupreme Court of the United States · 1957
- Terry v. AndersonSupreme Court of the United States · 1877
- Waisath v. Lack's Stores, Inc.Texas Supreme Court · 1971
- Empire Life Insurance Company of America v. Valdak CorporationCourt of Appeals for the Fifth Circuit · 1972
- Smith v. New York Central Rd.Ohio Supreme Court · 1930
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3Cited by4 opinions
- Krumback v. Dow Chemical Co.Colorado Court of Appeals · 1983
- Florida Power & Light Co. v. Westinghouse Electric Corp.District Court, E.D. Virginia · 1981
- Matter of Westinghouse Elec. Corp., Etc.District Court, E.D. Virginia · 1981
- Comer v. Getty Oil Co.Superior Court of Delaware · 1981