June 9, 2014
- 343 Sales
- 343VIII Remedies of Buyer
- 343VIII(D) Actions and Counterclaims for Breach of Warranty
- 343k442 Damages
- 343k442(6) k. Expenses or Losses Incurred in Purchase and Use of Articles or in Remedying or Avoiding Consequences of Defects.
Buyer of animal offal chilling machinery which failed to operate as had been warranted was entitled to recover losses from being forced to double handle livers and to sell them frozen and to recover expenditures made in effort to overcome the chiller’s deficiencies.
Puritan Mfg., Inc. v. I. Klayman & Co., 379 F. Supp. 1306 (E.D. Pa. 1974)
Suggested by J.T. Herber, III, Attorney; Williamson, Friedberg & Jones, LLC; Pottsville, Penn.