Legal Opinion

Dow Corning Corp. v. Capitol Aviation, Inc.

Court of Appeals for the Seventh Circuit

Decided May 20, 1969No. 17127PublishedCited by 19 opinions

1Opinion of the Court

DUFFY, Senior Circuit Judge.

This is an appeal from an interlocutory order dated April 4, 1967, striking one of appellant’s affirmative defenses, and from a final judgment dated June 21, 1967 entered after a trial on the merits.

Initially, plaintiff (Dow) claimed breach of a written contract for the purchase by plaintiff and the sale by defendant (Capitol) as distributor for Rockwell Standard and Aero-Commander, Inc. (Aero) of a certain Aero-Commander aircraft, with shipping date in August 1965.

Aero was dismissed as a party defendant as there was no privity of contract shown between Dow and…

2Cited by19 opinions

  1. Schroeder v. Fageol Motors, Inc.Washington Supreme Court · 1975
  2. Fed. Sec. L. Rep. P 91,615 Wayne E. Pierson and Ruth E. Pierson v. Dean, Witter, Reynolds, Inc.Court of Appeals for the Seventh Circuit · 1984
  3. Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
  4. Hydraform Products Corp. v. American Steel & Aluminum Corp.Supreme Court of New Hampshire · 1985
  5. J. A. Jones Construction Co. v. City of DoverSuperior Court of Delaware · 1977

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