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Cook Specialty Company v. Schrlock

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


Machinery Systems, Inc. (MSI) (defendant) entered into a contract to sell a machine to Cook Specialty Company (Cook) (plaintiff). The contract included the delivery term of: F.O.B. MSI’s warehouse. MSI contracted with Randy’s Truck Lines (RTL) (defendant) to deliver the machine from MSI’s warehouse to Cook. After RTL took possession of the machine from MSI’s warehouse, the machine was lost in transit. Cook sued MSI and RTL for the value of the machine and consequential damages. Both Cook and MSI moved for summary judgment.

Rule of Law


Holding and Reasoning (Waldman, J.)

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