BMC Industries, Inc. v. Barth Industries, Inc.

United States Court of Appeals for the Eleventh Circuit160 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.

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