Legal Opinion
Karlen v. Butler Manufacturing Co.
Court of Appeals for the Eighth Circuit
Decided December 11, 1975No. 74-1941PublishedCited by 14 opinions
1Opinion of the Court
TALBOT SMITH, Senior District Judge.
This is a diversity case arising out of the spoilage, through moisture, of a portion of plaintiff Karlen’s wheat. The wheat was stored in a building manufactured by defendant Butler Manufacturing Company, of Missouri (hereafter Butler) and sold to plaintiff by the Cook Implement Company (hereafter Cook). It is alleged that there was a breach of warranty by both Butler and Cook. The jury awarded damages to plaintiff in the sum of $21,370. We reverse and remand for new trial.
The action as originally framed claimed breach of express and implied warranties,…
2Cases cited9 opinions
- Wawak v. StewartSupreme Court of Arkansas · 1970
- Paul Lewis, D/B/A Lewis Lumber Company v. Mobil Oil Corporation, a CorporationCourt of Appeals for the Eighth Circuit · 1971
- Gerwin v. Southeastern California Ass'n of Seventh Day AdventistsCalifornia Court of Appeal · 1971
- Boyd v. AlguireSouth Dakota Supreme Court · 1967
- Creager v. AL'S CONSTRUCTION COMPANYSouth Dakota Supreme Court · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Drier v. Perfection, Inc.South Dakota Supreme Court · 1977
- Southern Illinois Stone Company, a Corporation v. Universal Engineering Corporation, a Corporation, and MacHinery Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1979
- James Wilson, M. D., Ecg Systems, Inc. v. Marquette Electronics, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1980
- Uebelhack Equipment, Inc. v. Garrett Bros.Indiana Court of Appeals · 1980
- PMH PROPERTIES v. NicholsSupreme Court of Minnesota · 1978
9 more not listed; retrieve them via the Exa API.