· 6/18/1979
Luria Brothers & Co., Inc. v. Pielet Brothers Scrap Iron & Metal, Inc.
Citations
- 600 F.2d 103
- 26 U.C.C. Rep. Serv. (West) 1081
- 1979 U.S. App. LEXIS 13902
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that breaching seller of scrap metal who may have premised contract on a particular source was not excused by failure of that source where seller failed to show that the product was not otherwise available
- defendant not required to \produce any witnesses or other evidence to rebut\ the proposed damages
- defendant not required to “produce any witnesses or other evidence to rebut” the proposed damages
- Roto-Lith “has been severely criticized by the commentators and often not followed by the courts”
- “The capacity of a governmental body to be sued in the federal courts is governed by the law of the state in which the district court is held.”
- “The jury is entitled to disregard the damages asked for if they do not agree with the computations or if other evidence is introduced from which jurors could draw their own conclusions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fairchild, Bauer, Van Pelt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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