Legal Opinion
Rite Fabrics, Inc. v. Stafford-Higgins Co., Inc.
District Court, S.D. New York
Decided October 5, 1973No. 68 Civ. 2646, 68 Civ. 4482PublishedCited by 25 opinions
1Opinion of the Court
OPINIONS, FINDINGS OF FACT and CONCLUSIONS OF LAW
LEVET, District Judge.
This action was brought by plaintiff for an amount due on a contract for the sale of fabric which was sold, delivered and then subsequently used by defendant. Defendant has counterclaimed for the amount of damages it has sustained due to an alleged breach of warranty of merchantability and fitness for a particular use. Defendant has also impleaded a third-party defendant which defendant alleges is also liable for the breach.
This case was tried to the court without a jury. Substantial issues of fact and law were involved in…
2Cases cited14 opinions
- Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
- Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
- Herman Schwabe, Inc. v. United Shoe MacHinery CorporationCourt of Appeals for the Second Circuit · 1962
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Preston Farm & Ranch Supply, Inc. v. Bio-Zyme EnterprisesTexas Supreme Court · 1981
- Steiner v. Mobil Oil Corp.California Supreme Court · 1977
- Uniroyal, Inc. v. Chambers Gasket & Manufacturing Co.Indiana Court of Appeals · 1978
- Blue Rock Industries v. Raymond International, Inc.Supreme Judicial Court of Maine · 1974
- The Mead Corporation v. McNally Manufacturing CorporationCourt of Appeals for the Sixth Circuit · 1981
20 more not listed; retrieve them via the Exa API.