Legal Opinion

Sterling Aluminum Products, Inc. v. Shell Oil Co.

Court of Appeals for the Eighth Circuit

Decided February 21, 1944No. 12694PublishedCited by 8 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

The action is one under Missouri law 1 for breach of warranty in the sale of a fluid manufactured by defendant and purchased by plaintiff for use in testing automobile motor blocks for cracks, by the application of air pressure to the sealed, fluid-filled block.

Plaintiff alleged that defendant had surveyed its testing operations and, after being informed that plaintiff desired a penetrative fluid that was non-corrosive, non-inflammable and non-explosive, had recommended and warranted its “Shell Solvent Code No. 8195” as being fit for these purposes under the conditions…

2Cases cited11 opinions

  1. Indiana Farmer's Guide Publishing Co. v. Prairie Farmer Publishing Co.Supreme Court of the United States · 1934
  2. Erwin v. LowrySupreme Court of the United States · 1849
  3. Busch & Latta Painting Co. v. Woermann Construction Co.Supreme Court of Missouri · 1925
  4. McGivern v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1942
  5. London Guarantee & Accident Co. v. Strait Scale Co.Supreme Court of Missouri · 1929

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State Ex Rel. Sisters of St. Mary v. CampbellMissouri Court of Appeals · 1974
  2. Dagley v. Armstrong Rubber Co.Court of Appeals for the Seventh Circuit · 1965
  3. Hinton v. Republic Aviation CorporationDistrict Court, S.D. New York · 1959
  4. Black, Sivalls & Bryson, Inc. v. ShondellCourt of Appeals for the Eighth Circuit · 1949
  5. DiBelardino v. Lemmon Pharmacal Co.Supreme Court of Pennsylvania · 1965

3 more not listed; retrieve them via the Exa API.

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