Plasco, Inc. v. Free-Flow Packaging Corporation v. Nixdorff-Krein Manufacturing Company

LAY, Circuit Judge.

Defendant Free-Flow Packaging Corporation (Free-Flow) appeals from the judgment of the United States District Court for the Eastern District of Missouri, finding it in breach of an express warranty of sale by sample, and liable to plaintiff Plasco, Inc. (Plasco) in the amount of $38,519.21. Plasco brought this diversity action to recover damages for alleged breach of warranty and fraud arising out of a contract to purchase polystyrene from Free-Flow. Free-Flow counterclaimed alleging breach of contract of sale.

The basic facts are undisputed. Plasco produces plastic…