Eberle v. Siouxland Packing Co., Inc.

DUNN, Chief Justice.

This is a contract action seeking reimbursement for labor and materials provided by the plaintiff while attempting to set up a refrigeration system for the defendant. The defendant counterclaimed for damages allegedly caused by the plaintiff’s poor workmanship and failure to fulfill his contract obligation. A six-person jury from the Second Judicial Circuit awarded the plaintiff his requested damages of $3,273.16 and denied the defendant’s counterclaim. The defendant has appealed, raising issues as to the instructions on implied contracts and warranties and claiming that a…