BMC Industries, Inc. v. Barth Industries, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that waiver under the UCC does not require detrimental reliance
• noting that, if the contract price were predominantly for services rather than goods, then the parties would have pegged payments to those services rather than the goods
• describing as “a quintessential example” of a shotgun pleading a complaint in which each successive count incorporated by reference both the factual and legal allegations of the previous counts
• applying the same predominant factor test to a contract governed by Florida law
• “[W]hen . . . the charge for goods exceeds that for services, the contract is more likely to be for goods.”
• “When . . . the charge for goods exceeds that for services, the contract is more likely to be for goods.”

Source: CourtListener parenthetical corpus (CC0).