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APPLE VALLEY RED-E-MIX v. MILLS-WINFIELD

No. C1-88-1210.

436 N.W.2d 121 (1989)

APPLE VALLEY RED-E-MIX, INC., Respondent, v. MILLS-WINFIELD ENGINEERING SALES, INC., et al., Appellants.

Court of Appeals of Minnesota.

Review Denied April 26, 1989.

Attorney(s) appearing for the Case

James R. Bresnahan, Stewart C. Loper, Cochrane and Bresnahan, P.A., St. Paul, for respondent.

Alan H. Maclin, Colleen V. Short, Briggs and Morgan, P.A., St. Paul, for appellants.

Heard, considered and decided by CRIPPEN, P.J., and RANDALL and BOWEN, JJ.

OPINION

CRIPPEN, Judge.

Appellant contends the parol evidence rule conflicts with the trial court's finding of an express warranty on the capacity of a cement unloading machine. We agree and reverse. As a consequence, we do not reach the question of sufficiency of the evidence on the express warranty nor the conflicting claims of the parties regarding damages.

FACTS

Respondent Apple Valley Red-E-Mix, Inc., a cement plant operator, entered...

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