Topp Paper Co. v. ETI Converting Equipment
United States District Court for the Southern District of Florida
2013 WL 12101111 (2013)
Relevant factsFree
After Topp's (plaintiff) $1 million label-printing machine from ETI (defendant) kept malfunctioning and Topp sought a refund 21 months after installation, ETI replaced the coating head and argued the machine then worked substantially better, while Topp maintained it still could not reliably produce fast-application labels for high-volume industries, undercutting its expected profits.
IssueFree
Whether, under the Convention on Contracts for the International Sale of Goods, a buyer may void a contract and seek damages only for a fundamental breach, meaning one that deprives the buyer of the expected benefits of the contract.