Legal Opinion
Rodney Clark v. Delaval Separator Corporation
Court of Appeals for the Fifth Circuit
Decided March 19, 1981No. 79-1753PublishedCited by 44 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
In this diversity suit, appellant DeLaval Separator Corp. (DeLaval) appeals a judgment on a jury verdict finding DeLaval liable for breach of an implied warranty of merchantability under Texas law in the sale of a milking system that appellee Rodney Clark purchased and used in his dairy business.
On January 26, 1973, Clark, a dairy operator, entered into a written sales contract with Sulphur Springs Farm Store for the purchase of four Model 200 milking machines and an automatic wash system to be used in Clark’s dairy business. This equipment had been…
2Cases cited21 opinions
- Nobility Homes of Texas, Inc. v. ShiversTexas Supreme Court · 1977
- Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
- Metal Structures Corp. v. Plains Textiles, Inc.Court of Appeals of Texas · 1971
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- General Motors Corporation v. TateSupreme Court of Arkansas · 1974
16 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Plas-Tex, Inc. v. U.S. Steel Corp.Texas Supreme Court · 1989
- Kenneth Gumbs and Yvonne Gumbs v. International Harvester, Inc.Court of Appeals for the Third Circuit · 1983
- Moore v. Coachmen Industries, Inc.Court of Appeals of North Carolina · 1998
- Safeway Stores, Inc. v. Certainteed Corp.Texas Supreme Court · 1986
- Geraghty & Miller, Inc. v. Conoco Inc.Court of Appeals for the Fifth Circuit · 2000
39 more not listed; retrieve them via the Exa API.