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· 5/8/1998

Princess Cruises, Incorporated v. General Electric Company, & Third Party v. Norfolk Shipbuilding & Drydock Corporation, Third Party

Citations

  • 143 F.3d 828
  • 35 U.C.C. Rep. Serv. 2d (West) 804
  • 1998 A.M.C. 2539
  • 1998 U.S. App. LEXIS 9317
  • 1998 WL 227947

How courts have described this case

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

  • observing that the documents repeatedly referred to services that would be provided in concluding that the transaction was principally for services
  • holding a contract for repair of a cruise ship’s rotor was “principally” for services with “incidental—albeit expensive—parts” where the contract price blended the cost of specialized repair services with the materials used for the repairs
  • providing “the language of the contract” is a pertinent factor in “determining the nature of the contract . . . .”
  • determining the nature of the business points towards services because “although GE is known to manufacture goods, GE’s correspondence and Quotations came from GE’s Installation and Service Engineering Department”
  • looking for guidance in contrasting two paradigmatic examples of a contract with an artist for painting, which is a contract for services, and a contract with the manufacturer of a water heater that includes installation, which is a contract for goods
  • “standard commercial practice requires that a transaction be predominantly for the sale of goods before the U.C.C. applies.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin, Williams, Goodwin, Southern, Virginia

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.