Gilliland v. Baldwin-Lima-Hamilton Corp.

Plaintiff, purchaser of a gravel crushing plant, sued the defendant manufacturer * 1 of the plant on theories of breach of express and implied warranty and negligent manufacture and design. The trial court, in a long and detailed opinion, found no breach of warranty and made no specific findings of negligence in manufacture or design of enumerated parts. However, the court made general findings of negligence, and its finding that "plaintiff should not be held liable for costs incurred in synchronizing and regulating a new machine product” implicitly constituted a holding that plaintiff’s…