Windows, Inc. v. Jordan Panel Systems Corp.

177 F.3d 114 (1999)

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Windows, Inc. v. Jordan Panel Systems Corp.

United States Court of Appeals for the Second Circuit
177 F.3d 114 (1999)

RW

Facts

Windows, Inc. (plaintiff) contracted to make specialized windows and prepare them for shipment from Windows’ South Dakota plant to Jordan Panel Systems Corporation (Jordan) (defendant) in New York. Jordan intended to use the windows to fulfill a separate construction contract. Windows fabricated the windows and delivered them safely to a common carrier for shipment. The windows were damaged in transit. Windows sued both Jordan and the carrier after Jordan refused to pay for the damaged windows. Jordan counterclaimed for consequential and incidental damages as a result of having to repair the windows and being unable to complete its construction job on time. Windows later settled its claims. On Jordan’s counterclaim, a federal district court applied New York’s Uniform Commercial Code (UCC) and entered summary judgment for Windows. Jordan appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Leval, J.)

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