General Electric Co. v. United States Dynamics, Inc., No. 7136.

CourtU.S. Court of Appeals — First Circuit
Writing for the CourtALDRICH, , McENTEE and COFFIN, Circuit
Citation403 F.2d 933
PartiesGENERAL ELECTRIC COMPANY, Plaintiff, Appellee, v. UNITED STATES DYNAMICS, INCORPORATED, Defendant, Appellant.
Docket NumberNo. 7136.
Decision Date19 November 1968

403 F.2d 933 (1968)

GENERAL ELECTRIC COMPANY, Plaintiff, Appellee,
v.
UNITED STATES DYNAMICS, INCORPORATED, Defendant, Appellant.

No. 7136.

United States Court of Appeals First Circuit.

November 19, 1968.


Harold M. Linsky, Boston, Mass., for appellant.

Frank B. Frederick, Boston, Mass., with whom William B. Duffy, Jr., and Johnson, Clapp, Ives & King, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Appellee, General Electric Company (G.E.), sued appellant United States

403 F.2d 934
Dynamics, Incorporated (Dynamics) seeking rescission of a contract for the purchase of a gas purifying machine, alleging nonconformity with specifications. Dynamics denied any breach and asserted that the contract was for a purifier to be constructed in accordance with sample and that the equipment was so constructed. It also counterclaimed for its expenses in making changes in the purifier and for the value of the sample machine which has not been returned. The court rendered summary judgment for G.E. on both its complaint and Dynamics' counterclaim on the basis of the pleadings, depositions, exhibits, and affidavits

The apparatus in suit was designed to remove oxygen from nitrogen in a pipe line. It proved defective (so far as G.E.'s needs were concerned) in failing adequately to exclude hydrogen — used in reactivating certain chemicals used in the process — from the main stream of gas flowing through the system. In 1962, G.E. took delivery of a small gas purifier from Dynamics for observation and testing to see whether G.E. would be interested in purchasing a machine with much larger capacity. By both brochure and conversation G.E. was advised that the model operated so that "No hydrogen mixes with the main gas stream." G.E. had the model for over a year and found that it could remove oxygen as claimed.

Thereafter a contract for a larger unit was entered into. Dynamics by letter agreed that the purchase order included the following documents: a Dynamics letter of price quotations; a G.E. Purchase Order and Specifications requiring in part that "No other impurities should be introduced into the affluent nitrogen"; a Dynamics letter of agreement to comply with the terms including a specific "guarantee that the equipment * * * will purify the quantity of gas specified to the level required"; a guaranty of supply of chemicals and a patent indemnity agreement.

The equipment was made, delivered,...

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9 practice notes
  • McInnis v. Harley-Davidson Motor Co., Inc., Civ. A. No. 82-0422-S.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • January 14, 1986
    ...has been purified by the exclusion of any genuine issues of material fact." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st In the case at bar, the statements of material fact filed by the parties in compliance with their respective obligations under D.R.I.......
  • Cousineau v. Walker, No. 4551
    • United States
    • Supreme Court of Alaska (US)
    • June 27, 1980
    ...contracts. 16 See, e. g., United States v. Aerodox, Inc., 469 F.2d 1003 (5th Cir. 1972); General Electric Co. v. U. S. Dynamics, Inc., 403 F.2d 933 (1st Cir. 1968); City of Paragould v. Int'l Power Machinery Co., 233 Ark. 872, 349 S.W.2d 332...
  • Community Nat. Bank v. Dawes
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • January 14, 1976
    ...lip service has been paid to use of the procedure as an extreme remedy. See, e.g., General Elec. Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir. 1968) ('(W)e are fully aware that summary judgment is a judicial device available only when the effluent stream of controversy ha......
  • Hydron Laboratories, Inc. v. EPA, Civ. A. No. 82-0166 S.
    • United States
    • U.S. District Court — District of Rhode Island
    • April 1, 1983
    ...has been purified by the exclusion of any genuine issues of material fact..." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir.1968), quoted with approval in Milene Music, Inc. v. Gotauco, 551 F.Supp. 1288, 1292 On this deficient record, and without the ......
  • Request a trial to view additional results
9 cases
  • McInnis v. Harley-Davidson Motor Co., Inc., Civ. A. No. 82-0422-S.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • January 14, 1986
    ...has been purified by the exclusion of any genuine issues of material fact." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st In the case at bar, the statements of material fact filed by the parties in compliance with their respective obligations under D.R.I.......
  • Cousineau v. Walker, No. 4551
    • United States
    • Supreme Court of Alaska (US)
    • June 27, 1980
    ...contracts. 16 See, e. g., United States v. Aerodox, Inc., 469 F.2d 1003 (5th Cir. 1972); General Electric Co. v. U. S. Dynamics, Inc., 403 F.2d 933 (1st Cir. 1968); City of Paragould v. Int'l Power Machinery Co., 233 Ark. 872, 349 S.W.2d 332...
  • Community Nat. Bank v. Dawes
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • January 14, 1976
    ...lip service has been paid to use of the procedure as an extreme remedy. See, e.g., General Elec. Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir. 1968) ('(W)e are fully aware that summary judgment is a judicial device available only when the effluent stream of controversy ha......
  • Hydron Laboratories, Inc. v. EPA, Civ. A. No. 82-0166 S.
    • United States
    • U.S. District Court — District of Rhode Island
    • April 1, 1983
    ...has been purified by the exclusion of any genuine issues of material fact..." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir.1968), quoted with approval in Milene Music, Inc. v. Gotauco, 551 F.Supp. 1288, 1292 On this deficient record, and without the ......
  • Request a trial to view additional results

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