Ferncrest Mining Co. v. H. F. Mason Equipment Corp.

MCDONALD, PARKER LEE, Associate Judge.

Appellant filed a suit against the appel-lees claiming a breach of express warranty, implied warranty and negligent design of dragline machinery, related equipment and materials which had been sold and serviced by Mason and designed and manufactured by Northwest.

The trial judge granted a summary judgment for the appellees. His basis for doing so was stated in his order:

“In view of the undisputed fact that FERNCREST knew that the crane was insufficient, retained it nonetheless, used it, and allowed damages to accumulate for a period of nearly three years,…