Legal Opinion
Atlantic Track & Turnout Company v. Perini Corporation
Court of Appeals for the First Circuit
Decided March 29, 1993No. 92-1978PublishedCited by 20 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
Appellant Atlantic Track & Turnout Company (“Atlantic”) brought this breach of contract action pursuant to the Uniform Commercial Code (“Code”), Mass.Gen.L. ch. 106, § 2-101, et seq. (1992). Atlantic alleged that appellee Perini Corporation (“Perini”) failed to perform under a contract for the purchase and sale of railroad materials.
The court deferred decision on cross motions for summary judgment and ordered a trial limited to two issues: (1) whether the contract was ambiguous; and (2) whether trade usage would supplement the contract terms to enable Atlantic to…
2Cases cited8 opinions
- Lfc Lessors, Inc. v. Pacific Sewer Maintenance Corp.Court of Appeals for the First Circuit · 1984
- Empire Gas Corporation v. American Bakeries CompanyCourt of Appeals for the Seventh Circuit · 1988
- Peter Kiewit Sons' Co. v. United StatesUnited States Court of Claims · 1947
- R. A. Weaver and Associates, Inc. v. Asphalt Construction, Inc.Court of Appeals for the D.C. Circuit · 1978
- Orange & Rockland Utilities, Inc. v. Amerada Hess Corp.Appellate Division of the Supreme Court of the State of New York · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Boston Beer Co. v. Slesar Bros. Brewing Co.Court of Appeals for the First Circuit · 1993
- Morales Feliciano,et v. John A. RullanCourt of Appeals for the First Circuit · 2004
- Lanier Professional Services, Inc. v. RicciCourt of Appeals for the First Circuit · 1999
- Simcala, Inc. v. American Coal Trade, Inc.Supreme Court of Alabama · 2001
- Keyes Helium Company v. Regency Gas Services, L.P., Texas Court of Appeals, 5th District (Dallas)2012
15 more not listed; retrieve them via the Exa API.