Sharp Bros. Contracting Co. v. American Hoist & Derrick Co.

CLARK, Judge.

Sharp Brothers Contracting Company and Donald E. Sharp recovered a judgment for $631,000 against American Hoist and Derrick Company for damages to a crane purchased from American by Donald Sharp and in use under lease by Sharp Brothers. The petition pleaded three alternative theories, warranty, strict liability and specific negligence. The trial court on motion by American dismissed the warranty and negligence counts and the jury returned its verdict for plaintiffs on the strict liability, defective product count.

American took an appeal to this court from the judgment and the…