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LAURENS ELEC. CO-OP. v. ALTEC INDUSTRIES

No. 88-1733.

889 F.2d 1323 (1989)

LAURENS ELECTRIC COOPERATIVE, INC., Plaintiff-Appellant, v. ALTEC INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Ronald W. McKinney (Duggan, Reese & McKinney, P.A., on brief), Greer, S.C., for plaintiff-appellant.

Thomas W. Traxler (Jefferson V. Smith, Jr., Carter, Smith, Merriam, Rogers & Traxler, Greer, S.C., on brief), for defendant-appellee.

Before SPROUSE and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

In this action the plaintiff sought to recover the value of a utility truck that had been destroyed by fire and consequential damages for the loss of its use. The truck had been rebuilt by the defendant under a contract negotiated by the parties, and the complaint alleged counts in negligence and strict liability in tort as bases for the recovery it sought.

There was a limited warranty obligating the defendant to repair or...

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