From our private database of 12,700+ case briefs...
BMC Industries, Inc. v. Barth Industries, Inc.
United States Court of Appeals for the Eleventh Circuit
160 F.3d 1322 (1998)
BMC Industries, Inc. (BMC) (plaintiff), a manufacturer of eyeglass lenses, entered into a contract with Barth Industries, Inc. (Barth) (defendant) to design, manufacture, and install equipment that would automate certain aspects of BMC’s operations. BMC sued Barth for breach of contract after Barth failed to deliver the work by the date specified in the contract. The trial court ruled, as a matter of law, that the contract at issue was predominantly a contract for services and therefore not subject to Article 2 of the Uniform Commercial Code (UCC), which applies to “transactions in goods.” At trial, the jury rendered a verdict for BMC and the court entered judgment in its favor. Barth appealed the verdict on the grounds that the contract should have been deemed a contract for the sale of goods subject to Article 2 of the UCC.
Rule of Law
Holding and Reasoning (Tjoflat, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 121,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 12,700 briefs, keyed to 172 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.