Legal Opinion
Boese-Hilburn Co. v. Dean MacHinery Co.
Missouri Court of Appeals
Decided May 4, 1981No. WD 30990PublishedCited by 16 opinions
1Opinion of the Court
SOMERVILLE, Judge.
An action was brought by The Boese-Hil-burn Company (Boese-Hilburn) against Dean Machinery Company (Dean Machinery) for damages for breach of an express warranty. The warranty relied upon, which was contained in a “Purchase Order” issued by Boese-Hilburn, was inconsistent with one of the terms of a “Quotation” submitted by Dean Machinery for the sale of certain equipment. A jury was waived, judgment was entered in favor of Dean Machinery, and Boese-Hilburn pursued this appeal.
The issue on appeal may be tersely framed by posing the following question. What language and what…
2Cases cited13 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Earl M. Jorgensen Co. v. Mark Construction, Inc.Hawaii Supreme Court · 1975
- Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.Court of Appeals for the Sixth Circuit · 1972
- Roto-Lith, Ltd. v. F. P. Bartlett & Co., Inc.Court of Appeals for the First Circuit · 1962
- Air Products & Chemicals, Inc. v. Fairbanks Morse, Inc.Wisconsin Supreme Court · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Daitom, Inc. v. Pennwalt CorporationCourt of Appeals for the Tenth Circuit · 1984
- Rich Products Corp. v. Kemutec, Inc.District Court, E.D. Wisconsin · 1999
- Mid-South Packers, Inc. v. Shoney's, Inc.Court of Appeals for the Fifth Circuit · 1985
- Klocek v. Gateway, Inc.District Court, D. Kansas · 2000
- Reilly Foam Corp. v. Rubbermaid Corp.District Court, E.D. Pennsylvania · 2002
11 more not listed; retrieve them via the Exa API.