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Contracts Keyed to Kuney
Lewis v. Mobil Oil Corp.
Citation:438 F.2d 500 (1971).
In May 1963, Lewis purchased used hydraulic equipment for his sawmill. The equipment was in good operating condition and was stored until November 1964. After the equipment was installed, Lewis requested his Mobil oil dealer provide him with the proper hydraulic fluid. Lewis informed the dealer that the machinery was operated by a gear-type pump. His dealer recommended Ambrex 810 a mineral oil with no additives. Within a few days the oil began to change colors, foam over, and get hot. By April 1965 the system broke down and a new system was installed. Mobil continued to suggest and supply Ambrex 810 even after Lewis asked his dealer to verify it was the correct oil. From April 1965 to April 1967 six new pumps were installed in the system. In April 1967, Lewis switched to a Tyrone pump. Again Mobil suggested Ambrex 810 and the system broke down three weeks later. On May 9, 1967, a Mobil engineer and a representative from the pump manufacturer went to the sawmill. The engineer suggested certain chemical additives be added to the oil and the system worked satisfactorily up until the time of trial.
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