St. Paul Mercury Ins. Co. v. THE VIKING CORP.

WILLIAMS, Circuit Judge.

St. Paul Mercury Insurance Company sued The Viking Corporation, a fire sprinkler manufacturer, for breach of warranty over an allegedly defective sprinkler that damaged a building owned by St. Paul’s insured, Johnson Bank. Because there was no agreement between Johnson Bank and Viking when the sprinkler was purchased, privity of contract did not exist, so we conclude that the magistrate judge properly granted summary judgment in favor of Viking.

I. BACKGROUND

On October 25, 2002, a fire sprinkler manufactured by Viking became activated at the Johnson Bank Building in…