International Ore & Fertilizer Corp. v. SGS Control Services, Inc.
United States Court of Appeals for the Second Circuit
38 F.3d 1279 (2d Cir. 1994)
International Ore & Fertilizer Corp. (Interore) (defendant) contracted to transport fertilizer on its ship for SGS Control Services, Inc. (SGS) (plaintiff) to SGS‘s buyer. Interore’s ship was not clean and the fertilizer was contaminated as a result. SGS brought suit for breach of contract and negligent misrepresentation of the cleanliness of the ship. The trial court dismissed the breach of contract claim, but ruled in SGS’s favor on the negligent misrepresentation claim, awarding damages. Interore appealed the negligent misrepresentation ruling, and SGS did not appeal the ruling on the contract claim. Interore went on to argue that the court could not rule on the contract claim because SGS had not filed a cross-appeal.
Rule of Law
Holding and Reasoning (Winter, J.)