Question
Marketing Plus, Inc. is the marketing arm of Roof-It Supplies, Inc. Roof-It manufactures roofing fasteners and Marketing Plus, Inc. distributes them nationwide. Roof-It contracted with
Marketing Plus, Inc. is the marketing arm of Roof-It Supplies, Inc. Roof-It manufactures roofing fasteners and Marketing Plus, Inc. distributes them nationwide. Roof-It contracted with Superior Coatings, Inc., to have large volumes of screws coated with a rust-proofing agent. The contract specified that the coated screws must pass a standard industry test and that Roof-It would pay according to the pound and length of the screws coated. Roof-It had received numerous complaints from customers that the coated screws were rusting, and Superior Coatings unsuccessfully attempted to remedy the problem. Roof-It terminated its relationship with Superior Coatings and brought suit for the deficient coating. Superior Coatings counterclaimed for the labor and materials it had furnished to Roof- It. The trial court held that the contract (1) was for performance of a service, (2) not governed by the UCC, (3) governed by the common law of contracts, and (4) therefore, barred by a two-year statute of limitations. Marketing Plus, Inc. and Roof-It appealed. You are the judge for the appellate court. Decision?
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