Reamer Industries, Inc. v. McQuay, Inc., 71-2176.

Decision Date15 May 1972
Docket NumberNo. 71-2176.,71-2176.
CitationReamer Industries, Inc. v. McQuay, Inc., 462 F.2d 1372 (4th Cir. 1972)
PartiesREAMER INDUSTRIES, INC., Appellee, v. McQUAY, INC., Appellant.
CourtU.S. Court of Appeals — Fourth Circuit

W. Ray Berry, Columbia, S.C. (Fulmer, Berry & Alford, Columbia, S.C., of counsel), for appellant.

E. W. Laney, III, W. Duvall Spruill, and Turner, Padget, Graham & Laney, Columbia, S.C., on brief, for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges.

PER CURIAM:

This diversity action was instituted by Reamer Industries, Inc., against McQuay, Inc., for indemnification for monies which the plaintiff paid to a general contracting firm for repairs of fire damages to the Orangeburg-Calhoun Technical Education Center allegedly caused by defective fan coil heating and air conditioning equipment manufactured by McQuay.

The case was tried by the court without a jury and plaintiff was awarded judgment. Appellee, Reamer, has filed its motion for summary affirmance on the ground that "the appeal does not present any substantial questions of law or fact."

Upon consideration of the record, the briefs, appellee's motion for affirmance and appellant's response thereto, we have dispensed with oral argument and now affirm on the opinion of the district...

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1 cases
2 books & journal articles
  • B. Causation
    • United States
    • The South Carolina Law of Torts (SCBar) Chapter 2 Negligence and Similar Breaches of Duty
    • Invalid date
    ...of the proximate cause issue is shared by others. See, e.g., Reamer Indus., Inc. v. McQuay, Inc., 344 F. Supp. 540 (D.S.C. 1971), aff'd, 462 F.2d 1372 (4th Cir. 1972); PROSSER §§ 42-44. It also underlies other doctrines in South Carolina—for example, exceptions to the traditional common law......
  • Vol. 11, No. 1, Pg. 38. Comparing First Collision Fault with Second Collision Defect.
    • United States
    • South Carolina Bar Journal No. 1999, January 1999
    • January 1, 1999
    ...Tiffin Motor Homes, Inc., 647 F.2d 1192 (4th Cir. 1982); Reamer Industries, Inc. v. McQuay, Inc., 344 F. Supp. 540 (D.S.C. 1971), affd., 462 F.2d 1372 (4th Cir. 1971) (applying South Carolina Thus, the plaintiff must prove that the manufacturer owed a duty of care to the plaintiff; the manu......