United States Sixth Circuit
Alternative Aviation Servs., Inc. v. Meggitt [UK] Ltd., 05-2334
In a suit brought by an aviation equipment-installation company alleging breach of express and implied warranty, fraud, and revocation of acceptance in connection with equipment it purchased from defendant, summary judgment and an award for defendant on its counterclaim is affirmed where: 1) no inference could be made that defendant warranted, expressly or impliedly, that its altimeters had flight certification by the FAA; 2) fraud claims failed as defendant made no false statements, and other statements it made were based on future events; and 3) despite plaintiff's words regarding its revocation of acceptance, it had not fulfilled its duty to make the goods available for defendant to remove.
Appellate Information
- Decided 12/22/2006
- Published 12/22/2006
Judges
Court
- United States Sixth Circuit