Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

تمرين 3

Insul-Mark is the marketing arm of Kor-It Sales, Inc. Kor-It manufactures roofing fasteners, and Insul-Mark distributes them nationwide. Kor-It contracted with Modern Materials, Inc., to have large volumes of screws coated with a rust-proofing agent. The contract specified that the coated screws must pass a standard industry test and that Kor-It would pay according to the pound and length of the screws coated. Kor-It had received numerous complaints from customers that the coated screws were rusting, and Modern aterials unsuccessfully attempted to remedy the problem. Kor-It terminated its relationship with Modern Materials and brought suit for the deficient coating. Modern Materials counterclaimed for the labor and materials it had furnished to Kor-It. The trial court held that the contract (a) was for performance of a service, (b) not governed by the UCC, (c) governed by the common law of contracts, and (d) therefore, barred by a two-year statute of limitations. Insul-Mark appealed. Decision?