Monday, August 27, 2012
I've actually been in Limerick rehab for the past three years. But with a new casebook, I have some fresh material. I think I'm still a bit rusty because the facts of this case are highly Limerickworthy, and yet I'm uncertain that this is a keeper.
American Ash made available to paving companies a material known as AggRite -- all the paving companies had to do was cart it away. Pennsy Supply did so for use in paving driveways and parking lots in a high school in Northern York County, Pennsylvania. In fact, it carted away 11,000 tons of the stuff.
The AggRite didn't work so well, and the pavement cracked during its first winter. Pennsy perfomed all the repairs, which involved carting away and disposing of the AggRite, which it turns out is hazardous waste. I love the idea of dumping 11,000 tons of hazardous waste in a public high school parking lot. It's the kind of metaphor that could be at the heart of a Don DeLillo novel.
The Superior Court of Pennsylvania found that there was consideration and thus that Pennsy had a viable warranty claim (at least for the purposes of surviving a motion to dismiss/demurrer). American Ash received a benefit when Pennsy agreed to haul away 11,000 tons of hazardous waste for free.
Pennsy Supply, Innc. v. American Ash Recycling Corp. of Pennsylvania
The court found a bargain was closed
When American Ash Corp. disposed
Of its AggRite through Pennsy
In the ideal dispens’ry:
A lot to a school juxtaposed.