Legal Opinion · Concurrence

Swenson v. Chevron Chemical Company

South Dakota Supreme Court

Decided October 17, 1975No. File 11498, 11502Published

1ConcurrenceColer, Justice

I agree with the result the majority opinion has reached but cannot, in' good conscience, accept the public policy statement taken from the dissent of Judge Fruge in California Chemical Company v. Lovett, 1967, La.App., 204 So.2d 633, as controlling. That decision involved an exclusion or waiver of a warranty, an issue not before us in this case.

The Louisiana statutes cited by the majority opinion in California Chemical Company v. Lovett, supra, appear to be a carryover from the Napoleonic code. See Wisdom Moving & Storage v. Louisiana Public Service Commission, 1960, 240 La. 188, 121 So.2d…

2Cases cited2 opinions

  1. California Chemical Company v. LovettLouisiana Court of Appeal · 1967
  2. Wisdom Moving & Storage, Inc. v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1960

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