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JMB MFG., INC. v. CHILD CRAFT, LLC

Nos. 14-3306, 14-3315.

799 F.3d 780 (2015)

JMB MANUFACTURING, INC., d/b/a Summit Forest Products Company, Plaintiff/Counterclaim-Defendant-Appellant/Cross-Appellee, v. CHILD CRAFT, LLC, et al., Defendants-Appellees, and Harrison Manufacturing, LLC, f/k/a Child Craft, LLC, Defendant/Counterclaim-Plaintiff-Appellee/Cross-Appellant, v. Ron Bienias, Counterclaim-Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2015.

Attorney(s) appearing for the Case

Michael P. Tomlinson , Michael Munley , Attorney, Tomlinson Law Office, Chicago, IL, for Plaintiff/Counterclaim-Defendant-Appellant/Cross-Appellee.

S. Chad Meredith , Attorney, Ransdell & Roach, PLLC, Lexington, KY, for Defendant/Counterclaim-Plaintiff-Appellee/Cross-Appellant.

Before FLAUM, MANION, and HAMILTON, Circuit Judges.

This case presents a merchant's creative effort to avoid the limited remedies that contract law provides for a seller's delivery of non-conforming goods. After the seller delivered about $90,000 worth of non-conforming wood products, the buyer sought recovery from both the seller and its president personally for tort damages...

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