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Morgantown Machine & Hydraulic V. American Piping Products, Inc..pdf

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Preview of Morgantown Machine & Hydraulic v. American Piping Products, Inc.
🔗 Source: media.ca8.uscourts.gov
📊 Size: 74 KB
📄 Pages: 6 pages
⬇️ Downloads: 178

Summary

Morgantown Machine & Hydraulics of Ohio, Inc. and its parent corporation Swanson Industries, Inc. sued American Piping Products, Inc. for breach of implied warranties. The district court granted American Piping's motion to dismiss, finding that the contract between the parties incorporated terms and conditions that disclaimed any implied warranties. The Eighth Circuit Court of Appeals affirmed, holding that the terms and conditions, including a disclaimer of implied warranties, were incorporated into the contract through a price quote and purchase order. Under Missouri law, the intent to incorporate the terms was clear, and the contract made clear reference to the document, describing it in such terms that its identity could be ascertained beyond a doubt. The court found that Morgantown's purchase order, which requested "TUBING PER QUOTE 132442," incorporated the terms of the price quote, including the disclaimer of implied warranties.

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Description

Morgantown Machine & Hydraulics of Ohio, Inc. and its parent corporation Swanson Industries, Inc. sued American Piping Products, Inc.

Technical Information

  • File Format: PDF
  • File Size: 74 KB
  • Pages: 6
  • Language: EN
  • Total Downloads: 178
  • Last Updated: 2 months ago

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