United Engines, Inc. v. McConnell Construction, Inc.

BARNES, Justice:

This case was commenced as an action on an open account for merchandise sold and services rendered in the overhauling of a bulldozer diesel engine performed by the plaintiff below, United Engines, Inc. (United). The defendant, McConnell Construction, Inc. (McConnell), filed a general denial and cross-petition, seeking damages on a theory of an implied warranty that the repaired engine would be returned in a condition reasonably fit for its intended use. The parties waived the right to jury trial, and the case was tried to the Court. On the day of trial, the parties filed a…