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SINGER CO. v. E. I. du PONT de NEMOURS & CO.

No. 77-1438.

579 F.2d 433 (1978)

The SINGER COMPANY, a corporation, Appellee, v. E. I. du PONT de NEMOURS AND COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1978.

Rehearing Denied July 13, 1978.

Attorney(s) appearing for the Case

Richard D. Shewmaker, of Thompson, Walter, Shewmaker & Gaebe, St. Louis, Mo., for appellant; John B. Carothers, III, St. Louis, Mo., and Eugene L. Grimm, Wilmington, Del., on brief.

Robert B. Hoemeke of Evans, Hoemeke, Casey & McGhee, St. Louis, Mo., for appellee.

Before LAY and HENLEY, Circuit Judges, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

In this diversity contract action, the Singer Company sued to recover losses incurred when the E. I. du Pont de Nemours and Company allegedly breached both an express warranty and an implied warranty of fitness in failing to provide plaintiff with suitable industrial paint for its plant operations at Red Bud, Illinois. The case was submitted to a jury only on the implied warranty theory, and judgment was returned for Singer in the amount...

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