Gross v. Sta-Rite Industries, Inc.

SAND, Justice.

The Grosses appealed from a district court judgment dismissing their action which, on a previous appeal, was affirmed in part, but remanded to the district court for further proceedings. Gross v. Sta-Rite Industries, Inc., 322 N.W.2d 679 (N.D.1982). The Grosses had instituted an action for breach of warranties and negligent installation of an automatic milking system. The trial court, after a bench trial in the first case, held that the Grosses had not established that Sta-Rite was liable for the outbreak of mastitis in their dairy herd.

This Court, on appeal, affirmed the trial…