Legal Opinion
Val Decker Packing Company, a Corporation v. Corn Products Sales Company, a Corporation
Court of Appeals for the Sixth Circuit
Decided June 9, 1969No. 18915PublishedCited by 45 opinions
1Opinion of the Court
WEICK, Chief Judge.
We are called upon in this diversity case to determine the applicable Ohio statute of limitations in an action for damages for breach of an implied warranty in the sale of goods by written contract.
In the District Court the defendant contended that the two-year statute of limitations 1 applied, and filed a motion for summary judgment. Plaintiff contended that since the contract of sale was in writing, the fifteen-year statute 2 was applicable.
The District Judge, relying on An-drianos v. Community Traction Co., 155 Ohio St. 47, 97 N.E.2d 549 (1951), applied the two-year…
2Cases cited6 opinions
- Lámar v. MicouSupreme Court of the United States · 1885
- Andrianos v. Community Traction Co.Ohio Supreme Court · 1951
- Gardiner v. Philadelphia Gas WorksSupreme Court of Pennsylvania · 1964
- Rufo v. the Bastian-Blessing Co.Supreme Court of Pennsylvania · 1965
- Bobo v. Page Engineering CompanyDistrict Court, W.D. Pennsylvania · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Heavner v. Uniroyal, Inc.Supreme Court of New Jersey · 1973
- Heiar v. Crawford CountyCourt of Appeals for the Seventh Circuit · 1984
- In re Porsche Cars North America, Inc.District Court, S.D. Ohio · 2012
- 35 Fair empl.prac.cas. 1458, 36 Fair empl.prac.cas. 112, 35 Empl. Prac. Dec. P 34,614 Wesley N. Heiar, Kenneth I. Strauman, and Myrl E. Brown, Cross-Appellants v. Crawford County, Wisconsin, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1984
- Lawyers Cooperative Publishing Co. v. MuethingOhio Supreme Court · 1992
40 more not listed; retrieve them via the Exa API.