Dow Corning Corp. v. Weather Shield Manufacturing, Inc.

790 F. Supp. 2d 604 (2011)

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Dow Corning Corp. v. Weather Shield Manufacturing, Inc.

United States District Court for the Eastern District of Michigan
790 F. Supp. 2d 604 (2011)

RW

Facts

Dow Corning Corporation (Dow) (plaintiff) offered Weather Shield Manufacturing, Inc. (Weather Shield) (defendant) a product that Dow deemed suitable for meeting Weather Shield’s specified requirements for a window sealant. Weather Shield extensively tested Dow’s product before agreeing to buy it. The sales contract disclaimed any warranties. Weather Shield purchased and thereafter continued to use the product. However, when Dow demanded payment, Weather Shield refused on the grounds that Dow’s product was unfit for Window Shields’ particular purpose. Dow sued in federal court under Michigan’s version of Uniform Commercial Code (UCC) § 2-316 and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Ludington, J.)

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