Kee v. Campbell

Foth, C.J.:

This is an action on a note given in payment for a pump used in oil field operations. The trial court found that plaintiff had breached an express warranty by improperly advertising the pump as a mud pump and entered judgment for defendant. Plaintiff s subsequent motion for a new trial and to alter and amend the judgment was denied; the court entered an additional finding of fact that plaintiff had failed to establish ownership of the pump. While both findings of fact are amply supported by the evidence we find neither sufficient to support a judgment for defendant.

Under the…