Legal Opinion

Trinity Products, Inc., Plaintiff-Appellee/cross v. Burgess Steel, L.L.C., Defendant-Appellant/cross

Court of Appeals for the Eighth Circuit

Decided May 7, 2007No. 06-2252, 06-2365PublishedCited by 21 opinions

1Opinion of the Court

LOKEN, Chief Judge.

Burgess Steel, L.L.C. (Burgess), hired Trinity Products, Inc. (Trinity), to fabricate two steel towers. After the first tower was erected, the owner rejected it because the base plate was warped. Burgess directed Trinity to fabricate and deliver a replacement. At the end of the project, Trinity sued for the balance of the contract price and for extra work not covered by the contract, primarily the value of the replacement tower. Burgess counterclaimed for breach of contract. The dispute is governed by the Missouri Uniform Commercial Code. The district court granted Trinity…

2Cases cited21 opinions

  1. Neville Chemical Company v. Union Carbide CorporationCourt of Appeals for the Third Circuit · 1970
  2. Watters v. Travel Guard InternationalMissouri Court of Appeals · 2004
  3. Robert Baum v. Helget Gas Products, Inc.Court of Appeals for the Eighth Circuit · 2006
  4. General Aggregate Corp. v. LaBrayereMissouri Court of Appeals · 1984
  5. Bracey v. Monsanto Co., Inc.Supreme Court of Missouri · 1992

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3Cited by21 opinions

  1. Great Plains Real Estate Development, L.L.C. v. Union Central Life InsuranceCourt of Appeals for the Eighth Circuit · 2008
  2. American Bank of St. Paul v. TD Bank, N.A.Court of Appeals for the Eighth Circuit · 2013
  3. Capella University, Inc. v. EXECUTIVE RISK SPECIALTY INSURANCE COMPANYCourt of Appeals for the Eighth Circuit · 2010
  4. Global Petromarine v. G.T. Sales & Manufacturing, Inc.Court of Appeals for the Eighth Circuit · 2009
  5. Tom Dunne, Jr. v. Resource Converting, LLCCourt of Appeals for the Eighth Circuit · 2021

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