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[Download] "Oldham's Farm Sausage Co. v. Salco" by Missouri Court of Appeals Western District * eBook PDF Kindle ePub Free

Oldham's Farm Sausage Co. v. Salco

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eBook details

  • Title: Oldham's Farm Sausage Co. v. Salco
  • Author : Missouri Court of Appeals Western District
  • Release Date : January 30, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Plaintiff Oldham's Farm Sausage Co. brought suit to recover damages for breach of contract, breach of express and implied warranty, and strict liability regarding a defective Salco MultiChiller refrigeration system manufactured by defendant Salco, Inc. The trial court, sitting without a jury, found for plaintiff and defendant appeals. On appeal, defendant asserts that the trial court erred for the following reasons: (1) the judgment failed to require plaintiff to elect its remedy among mutually inconsistent theories; (2) there was not a finding that the multi-chiller was unreasonably dangerous under § 402A Restatement (Second) of Torts; (3) the damages suffered were not recoverable under § 402A; (4) the express and implied warranties were effectively disclaimed in the contract; (5) the parties waived any breach of contract action by entering into a second agreement; (6) the recoverable damages were limited by the contract to repair or replacement of parts for one year and no consequential damages; and (7) the award of $214,167.45 exceeded the $200,000 plus interest and costs requested in the prayer.


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