Logourl black

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

United States Court of Appeals for the Eleventh Circuit
160 F.3d 1322 (1998)


Facts

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Tjoflat, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.