Duro Bag Manufacturing v. Printing Services Co.
United States District Court for the Southern District of Ohio
2010 WL 3586855 (2010)
- Written by Rich Walter, JD
Facts
Duro Bag Manufacturing, Inc. (Duro) (plaintiff) supplied Abercrombie Fitch (Abercrombie) with paper bags used in Abercrombie’s retail stores. Abercrombie wanted special artwork imprinted on the bags. Duro lacked the necessary printing equipment, so Duro contracted out the printing job to Printing Services Company, Inc. (defendant). Duro provided Printing Services with Abercrombie’s design and blank sheets. Printing Services printed the artwork and transferred it to the blank sheets for a fixed per-sheet price. Printing Services then delivered the imprinted sheets to Duro. Duro converted the sheets into bags and delivered the bags to Abercrombie, which deemed the bags’ artwork unacceptable. Abercrombie refused to accept or pay Duro for the bags. In turn, Duro refused to pay Printing Services’ invoice and filed a federal-court diversity suit against PSC for breach of warranty in violation of Ohio’s version of Article 2 of the Uniform Commercial Code (UCC). Printing Services moved to dismiss the suit on the grounds that Printing Services’ work for Duro did not constitute a sale of goods within the meaning of Article 2.
Rule of Law
Issue
Holding and Reasoning (Hogan, J.)
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