Central Washington Refrigeration, Inc. v. Barbee

946 P.2d 760 (1997)

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Nature of the Case

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Facts

P contracted with a Yakima orchard to install a set of cold storage rooms to store apples and other fruit. P then contracted with D to purchase the refrigeration coils. D specially manufactured the coils according to P's specifications, and timely delivered them in August 1987. P installed the coils in the cold storage rooms. Yakima experienced problems with the cold storage rooms. Several repair attempts were unsuccessful, and Yakima defaulted on the payments due. P sued for payment, and Yakima counterclaimed for damages asserting P mis-designed the cold storage system, used poor workmanship in building it, installed improper components, and failed to repair the system. On May 22, 1992, over four-and-a-half years after D delivered the coils, P filed a third-party complaint against D alleging the coils were defective and seeking contribution and/or indemnity. D sought summary judgment in part that P's claim for breach of contract was barred by UCC 2-725 at four years. D was dismissed on summary judgment. P settled with Yakima paying it $ 220,000. P appealed the summary judgment. The Court of Appeals affirmed. P appealed.