Outlook Windows Partnership v. York International Corp.
United States District Court for the District of Nebraska
112 F. Supp. 2d 877 (2000)
- Written by Rich Walter, JD
Facts
Outlook Windows Partnership (Outlook) (plaintiff) sued York International Corporation, doing business as Natkin Services (Natkin) (defendant), in federal court. Outlook alleged that Natkin breached Nebraska’s version of Uniform Commercial Code (UCC) § 2-315, pertaining to the implied warranty of fitness for a particular purpose. According to Outlook’s evidence, Natkin knew that Outlook was looking for an affordable new heating system; Natkin promised Outlook that the cost of operating Natkin’s system would be about the same as the cost of operating Outlook’s old system; and Outlook bought Natkin’s system on the strength of Natkin’s assurance. In fact, the new system was significantly more expensive to operate than the old system. Natkin moved for summary judgment on the grounds that Outlook failed to allege that Outlook bought Natkin’s system for a use that was peculiar to the nature of Outlook’s business.
Rule of Law
Issue
Holding and Reasoning (Kopf, C.J.)
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