Black Leaf Products Co. v. Chemsico, Inc.

REINHARD, Judge.

Plaintiff filed this action on January 4, 1983, seeking damages for breach of warranty because of an alleged defect in 25,-000 aerosol cans of house plant spray sold to plaintiff by defendant. Defendant filed a motion to dismiss or, in the alternative, for summary judgment, alleging inter alia that plaintiff’s cause of action was barred by the four year statute of limitations, § 400.2-725, RSMo.1978, because plaintiff discovered or should have discovered the breach of warranty before January 4, 1979. In support of the motion defendant submitted eleven exhibits, which included…