Civil Procedure Keyed to Cound
Tanbro Fabrics Corp. v. Beaunit Mills, Inc
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Beaunit, seller and Plaintiff, sued Defendant, Tanbro, for recovery of money for goods sold and delivered to Tanbro. Tanbro counterclaimed for breach of warranty, claiming the goods were defective because they suffered from “yarn slippage.” Beaunit denied the goods were defective. Tanbro brought an action against Amity, the processor, in replevin to recover a portion of the goods. Amity counterclaimed for money owed and asserted an artisan’s lien on the goods. Amity alleged that the defect in the goods was the fault of Beaunit and Beaunit alleged that the defect was the fault of Amity. Tanbro sued Beaunit and Amity alleging that the goods were defective due to yarn slippage and it was due to the fault of Amity, Beaunit or both. Amity and Beaunit moved to dismiss due to the other pending lawsuits. Tanbro moved to consolidate the proceedings. The motion to consolidate was denied and Beaunit’s cross-motion to dismiss was granted.
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