Delchi Carrier SpA v. Rotorex Corp.
United States Court of Appeals for the Second Circuit
71 F.3d 1024 (1995)
Rotorex Corp. (Rotorex) (defendant) agreed to sell 10,800 compressors for use in Delchi Carrier SpA (Delchi’s) (plaintiff) line of air conditioners. Rotorex sent Delchi a sample compressor and written performance specifications. Rotorex shipped the first portion by sea on March 26 and a second portion on May 9. Before the second shipment arrived, Delchi determined that the compressors did not conform to the specifications. Delchi asked Rotorex to supply new compressors, but Rotorex refused. Delchi cancelled the contract and suffered a loss in sales volume. Delchi sued Rotorex for breach of contract and the judge found in Delchi’s favor. The judge awarded damages to Delchi for lost profits, expenses incurred in attempting to remedy the nonconformity, the cost of expediting shipment replacement compressors, and costs of handling and storing the rejected compressors. The court denied Delchi's claim for damages based on other expenses, including shipping and customs, the cost of parts and tools purchased specifically for use in Rotorex compressors, and labor costs for four days when Delchi's production line was idle because it had no compressors to install. Rotorex appealed the judgment and Delchi appealed the denial of damages.
Rule of Law
Holding and Reasoning (Winter, 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 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 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.