Rardin v. T&D Machine Handling, Inc.

890 F.2d 24 (7th Cir. 1989)

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Nature of the Case

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Facts

Rardin (P) purchased a used printing press from Whitacre for $47,700. The price included $1,200 to cover the cost of dismantling the press for shipment and loading it on the truck at Whitacre’s premises in Georgia for transportation to P in Illinois. The contract of sale sold the press “as is” with cash in advance. Whitacre was to be responsible only for such damages to the press as might be incurred by reason of the fault or negligence of Whitacre’s employees, agents, contractors, or representatives. Whitacre hired T&D (D) to dismantle and load the press. The press was damaged as a result of D’s careless handling. P incurred the cost to fix the unit and lost profits in his printing business during the time it took to put the press into operating order. P sued Whitacre and D and others and settled with Whitacre and dismissed against other defendants leaving only D. D moved to dismiss the case for failure to state a claim. It was granted, and P appealed.