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Law School Case Brief

Omni USA, Inc. v. Parker-Hannifin Corp. - 964 F. Supp. 2d 805 (S.D. Tex. 2013)


To recover for breach of contract, a plaintiff must prove (1) the existence of a valid contract, (2) performance or tendered performance by the plaintiff; (3) breach by the defendant, and (4) harm to the plaintiff as a result of the breach.


Plaintiff filed an action against defendant Parker, alleging that the latter sold improperly designed, manufactured, marketed, and serviced defective industrial oil seals specifically for use in its gearboxes, sold as part of agricultural irrigation systems to a third party. Defendant moved for summary judgment on the ground that there was no defect or no evidence of any defect in the seals.


Did the alleged breach of contract entitle plaintiff to recover from defendant seller?




The Court held that the defendant did not fail to deliver the goods, and because the plaintiff accepted them, the buyer had no claim for breach of contract. The court further noted that the lack of proof of a defect entitled the seller to summary judgment on claims for breach of express warranty and breach of implied warranty of merchantability under Tex. Bus. & Com. Code Ann. §§ 2.313, 2.314.

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