· 7/17/1979
Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.
Citations
- 604 F.2d 737
- 26 U.C.C. Rep. Serv. (West) 1162
- 1979 U.S. App. LEXIS 13100
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that contractual limitation of compensation to the purchase price provides indicia of a sale of goods, not services
- concluding that computer system containing custom soft-ware was governed by U.C.C. Article Two
- stating that a bill that does not include services indicates a contract general trend [is] to view such mixed contracts as governed by the UCC.”
- noting that “the district court was justified in concluding, as a matter of law, that the contract was one for a sale of goods” on a motion to dismiss
- distinguishing allegations of “misrepresentations and con-cealments made after the parties had entered into a contractual relationship with each other”
- noting that “New York and other jurisdictions hold that attempts by the seller to remedy defects giving rise to the cause of action do not toll the U.C.C.’s four-year period of limitations” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Mansfield, Haight
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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