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ORAL-X CORP. v. FARNAM COMPANIES, INC.

Nos. 89-4082, 89-4089.

931 F.2d 667 (1991)

ORAL-X CORPORATION, a Utah Corporation, Plaintiff-Appellee, Cross-Appellant, v. FARNAM COMPANIES, INC., an Arizona Corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 26, 1991.

Attorney(s) appearing for the Case

Norman A. Fox, Jr. (William L. Summers, of Summers, Fox & McGinty, Cleveland, Ohio, with him on the briefs), of Summers, Fox & McGinty, Cleveland, Ohio, for defendant-appellant and cross-appellee.

Gary A. Weston (Jay R. Mohlman, and Richard K. Hincks, of Nielsen & Senior, Salt Lake City, Utah, with him on the brief), of Nielsen & Senior, Salt Lake City, Utah, for plaintiff-appellee and cross-appellant.

Before MOORE, TACHA and EBEL, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-appellee/cross-appellant Oral-X Corporation brought this action against defendant-appellant/cross-appellee Farnam Companies, Inc. to obtain the purchase price and royalties for product Farnam received from Oral-X and the royalties on orders cancelled by Farnam. Farnam counterclaimed, alleging the product breached express and implied warranties of merchantability. After a four-day bench trial, the district court concluded the product...

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