Legal Opinion
Indust-Ri-Chem Laboratory, Inc. v. Par-Pak Co.
Court of Appeals of Texas
Decided April 23, 1980No. 20073PublishedCited by 48 opinions
1Opinion of the Court
AKIN, Justice.
This is an appeal from a joint and several judgment rendered against Par-Pak and Southline and in favor of Indust-Ri-Chem. The suit was based on an alleged breach of express warranty by sample in a sale from Par-Pak to Indust-Ri-Chem of lined 55-gal-lon drums manufactured by Southline. The *286appellant, Indust-Ri-Chem, obtained a jury finding of breach of an express warranty by Par-Pak, but the jury also found Indust-Ri-Chem negligent in failing to test the drums and that such negligence proximately caused 25% of Indust-Ri-Chem’s damages. Accordingly, the trial court reduced…
2Cases cited31 opinions
- Black Lake Pipe Line Co. v. Union Construction Co.Texas Supreme Court · 1976
- Nobility Homes of Texas, Inc. v. ShiversTexas Supreme Court · 1977
- Woods v. LittletonTexas Supreme Court · 1977
- Watkins v. JunkerTexas Supreme Court · 1897
- Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
26 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. PartnershipTexas Supreme Court · 2004
- U.S. Tire-Tech, Inc. v. Boeran, B.V., Texas Court of Appeals, 1st District (Houston)2003
- McInnes v. Yamaha Motor Corp., U.S.A.Texas Supreme Court · 1984
- ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORP., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- Cain v. Pruett, Texas Court of Appeals, 5th District (Dallas)1997
43 more not listed; retrieve them via the Exa API.