Quimbee logo
DMCA.com Protection Status

Topp Paper Co. v. ETI Converting Equipment

2013 WL 12101111 (2013)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

Topp Paper Co. v. ETI Converting Equipment

United States District Court for the Southern District of Florida

2013 WL 12101111 (2013)

Facts

Florida-based Topp Paper Company, LLC (plaintiff) bought a label-printing machine for over $1 million from Canadian company ETI Converting Equipment (defendant). The contract contained a limited 12-month repair-or-replacement warranty, and a choice-of-law clause selecting the laws of Quebec, Canada, as governing. The machine kept malfunctioning, and Topp requested a refund 21 months after its installation. ETI refused the machine’s return and replaced its coating head, making it run substantially better. But Topp claimed that problems with high-speed labels sticking in the machine continued. Ultimately, Topp claimed that the machine stopped working completely and sued for a refund. ETI argued that it had fixed the problems, and a Topp employee said Topp continued using the machine eight hours a day. Topp countered it could not use the machine to make fast application labels for high-volume industries like food, produce, and packaging, undercutting its profits. ETI requested summary judgment finding that it had not fundamentally breached the contract.

Rule of Law

Issue

Holding and Reasoning (Rosenbaum, J.)

What to do next…

  1. 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 541,000 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
  2. 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 541,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 541,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 26,900 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership