Aes Technology Systems Inc. v. Radiation

Defendant-appellant, Coherent Radiation (""Coherent"") appeals from a judgment of $73,923.40 entered in favor of plaintiff-appellee AES Technology Systems, Inc. (""AES""), in an action for breach of warranty by Coherent arising out of AES's purchase of a CR-5 Argon Laser (""Laser"") from Coherent, because the Laser did not operate at the specified power output of 150 milliwatts (""mw"") in the ultraviolet spectrum. Coherent is a California corporation with its principal place of business in Palo Alto, California. AES is a Delaware corporation with its principal place of business in Illinois. Jurisdiction is provided by 28 U.S.C. § 1332. The facts were in dispute as evidenced by the conflicting testimony concerning statements and representations made by employees of both parties. AES manufactures, among other things, document retrieval and printing devices. Coherent manufactures lasers. In late 1973 AES, interested in developing a device to make high speed copies on paper from computer generated microfilm, obtained exclusive rights from Appleton Paper Company, Inc. for a special light sensitive paper (""HLH paper""). Coherent employed Richard Weaver, an electrical engineer, to work on the project with Aaron Aronson, a consultant. They reported to Ronald Wochinski, AES's Manager of Engineering.