Legal Opinion
Braden v. Mountain Iron & Supply Co.
Court of Appeals for the Eighth Circuit
Decided March 21, 1929No. 8213PublishedCited by 2 opinions
1Opinion of the Court
McDERMOTT, District Judge.
The trial court struck the vital parts from an amended answer and counterclaim. Thereupon judgment was entered for the plaintiff upon the pleadings. The plaintiff (appellee) sued for the price of some 4" oil well casing. The defendants claimed that some 5%o" easing, previously bought and paid for, parted while being run, and as a result the defendants lost their well, and they therefore counterclaim for some $14,000. There is no claim of express warranty. The defendants rely upon an implied warranty of fitness.
The answer alleges that the plaintiff was a '“supply…
2Cases cited11 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tucker v. Traylor Engineering & Manufacturing Co.Court of Appeals for the Tenth Circuit · 1931
- Noble v. Sears Roebuck & Co.District Court, W.D. Washington · 1935