Apple Valley Red-E-Mix, Inc. v. Mills-Winfield Engineering Sales, Inc.

OPINION

CRIPPEN, Judge.

Appellant contends the parol evidence rulé conflicts with the trial court’s finding of an express warranty on the capacity of a cement unloading machine. We agree and reverse. As a consequence, we do not reach the question of sufficiency of the evidence on the express warranty nor the conflicting claims of the parties regarding damages.

FACTS

Respondent Apple Valley Red-E-Mix, Inc., a cement plant operator, entered into an agreement to lease an unloading machine from appellant Cyclonaire, Corp. which manufactures systems used to transport products, such as cement, from one…