T.O. Haas Tire Co. v. Futura Coatings, Inc.

Norton, District Judge, Retired.

T.O. Flaas Tire Company, Inc. (Haas), plaintiff in the original action, appeals from an award of $6,000 against Futura Coatings, Inc. (Futura), by the district court for Lancaster County, Nebraska, in which the trial court found a breach of an express warranty on Futura’s roof materials used by Haas to coat the roof on a new building. Haas alleges two errors: (1) the trial court’s finding that the roof could have been repaired at any time at a cost of $6,000 and (2) the trial court’s refusal to find that the actual cost of repair, that being $46,000 plus $6,000…