Legal Opinion
Barry & Sewall Industrial Supply Co., Appellant/cross-Appellee v. Metal-Prep of Houston, Inc., Appellee/cross-Appellant
Court of Appeals for the Eighth Circuit
Decided October 23, 1990No. 89-5453, 89-5472PublishedCited by 15 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Barry & Sewall Industrial Supply Co. appeals the district court’s judgment which awarded Metal-Prep of Houston, Inc. $433,000 1 in damages. Metal-Prep cross-appeals several rulings of the district court. The court found that Barry & Sewall breached an express warranty under a contract for a metal treating oven which it sold to Metal-Prep. We affirm the finding that Barry & Sewall breached its express warranty of line speeds, but reverse the award of damages for increased energy costs and lost profits. We affirm on the issues raised in the cross-appeal.
I. BACKGROUND
In 1972,…
2Cases cited6 opinions
- Johannsen v. Minnesota Valley Ford Tractor Co.Supreme Court of Minnesota · 1981
- Blankenship v. Northtown Ford, Inc.Appellate Court of Illinois · 1981
- Bemidji Sales Barn, Inc. v. ChatfieldSupreme Court of Minnesota · 1977
- State v. SailorSupreme Court of Minnesota · 1977
- Solar Kinetics Corp. v. Joseph T. Ryerson & Son, Inc.District Court, D. Connecticut · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jaramillo v. GonzalesNew Mexico Court of Appeals · 2002
- Highway Sales, Inc. v. Blue Bird Corp.Court of Appeals for the Eighth Circuit · 2009
- Frederick A. Simeone v. First Bank Natl.Court of Appeals for the Eighth Circuit · 1996
- Melford Olsen Honey, Inc v. Richard Adee, Doing Business as Adee Honey FarmsCourt of Appeals for the Eighth Circuit · 2006
- Genesis Health Clubs, Inc. v. Led Solar & Light Co.Court of Appeals for the Tenth Circuit · 2016
10 more not listed; retrieve them via the Exa API.