SOUTHERN ILL. STONE CO. v. UNIVERSAL ENGINEERING

No. 78-1225.

592 F.2d 446 (1979)

SOUTHERN ILLINOIS STONE COMPANY, a corporation, Appellee, v. UNIVERSAL ENGINEERING CORPORATION a corporation, and Machinery, Inc., a corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1979.

Rehearing Denied March 5, 1979.


Attorney(s) appearing for the Case

Victor G. Savikas (on brief), of Karon, Morrison & Savikas, Chicago, Ill., argued, for appellants; John F. Newell, Chicago, Ill., Forrest M. Hemker of Greensfelder, Hemker, Wiese, Gale & Chappelow, and Tyree C. Derrick, St. Louis, Mo., on brief.

Richard G. Steele (on brief), of Finch, Bradshaw, Strom & Steele, Cape Girardeau, Mo., argued, for appellee; Lehman Finch and Stephen E. Strom, Cape Girardeau, Mo., on brief.

Before STEPHENSON, HENLEY and McMILLIAN, Circuit Judges.


HENLEY, Circuit Judge.

In this diversity action Universal Engineering Corporation and Machinery, Inc., the Sellers, appeal the decision of the district court1 awarding Southern Illinois Stone Company, the Buyer, damages totalling $311,115.00 for the Sellers' breach of warranty of production capacity on rock crushing equipment manufactured and sold by them to the Buyer. We affirm the district court's decision holding the Sellers liable...

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