Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Cook Specialty Co. v. Schrlock

United States District Court for the Eastern District of Pennsylvania
772 F. Supp. 1532 (1991)


Cook Specialty Company (Cook) (plaintiff) purchased a hydraulic-press brake machine from Machinery Systems, Inc. (MSI) (defendant) for $28,000. The contract’s delivery terms were Free on Board (F.O.B.) MSI’s Illinois warehouse. MSI hired Randy’s Truck Lines (RTL) (defendant), a carrier, to deliver the machine from MSI’s warehouse to Cook. RTL provided MSI with a certificate of insurance purportedly worth $100,000. Thereafter, RTL picked up the machine from MSI’s warehouse. During transport to Cook, the machine fell off the truck due to being improperly secured. RTL’s insurance company reimbursed Cook only $5,000, which constituted the maximum payout for that type of accident under the policy. Cook brought suit against MSI and RTL to recover the rest of the purchase price. Cook moved for summary judgment, arguing that the risk of loss never passed from MSI to Cook because the MSI-RTL contract for the machine’s delivery was unreasonable under § 2-504 of the Uniform Commercial Code (UCC). MSI also moved for summary judgment.

Rule of Law


Holding and Reasoning (Waldman, J.)

What to do next…

  1. 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.

  2. 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 367,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 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.

Questions & Answers

Have a question about this case? Sign up for a FREE 7-day trial to ask it.