Westcoast v. Cullen Case Brief - Case Brief Westcoast...

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Case Brief - Westcoast Transmission Co. v. Cullen Detroit Diesel Allison Ltd 1. Facts Westcoast Transmission was in need of an electrical power source for a natural gas processing plant they were building. Cullen Detroit Diesel Allison Ltd. purchased two generators from Kato Engineering International, Inc. for incorporation with motors provided by Cooper Energy Services Ltd. into natural-gas driven power units called ‘gensets’. The generators that Kato provided Cullen with were faulty. These generators were assembled and sold to Westcoast Transmissions by Cullen to provide electrical power for their natural gas processing plant they were building. On the eve of the trial, Cullen settled the claim with Westcoast, and the action proceeded as a third party claim by Cullen against Kato. The trial judge found Kato liable for the failed units, in breach of the warranties or reasonable fitness for the purpose and of merchantable quality imposed by Section 18(a) and (b) of the Sale of Goods Act.
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