BARRY & SEWALL INDUS. SUPPLY CO. v. METAL-PREP OF HOUSTON, INC.

Nos. 89-5453, 89-5472.

912 F.2d 252 (1990)

BARRY & SEWALL INDUSTRIAL SUPPLY CO., Appellant/Cross-Appellee, v. METAL-PREP OF HOUSTON, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1990.

Motion for Rehearing Overruled October 23, 1990.


Attorney(s) appearing for the Case

Gordon B. Conn, Jr., Minneapolis, Minn., for appellant/cross-appellee.

Anthony J. Sadberry, Houston, Tex., for appellee/cross-appellant.

Before MAGILL and BEAM, Circuit Judges and LARSON, Senior District Judge.


BEAM, Circuit Judge.

Barry & Sewall Industrial Supply Co. appeals the district court's judgment which awarded Metal-Prep of Houston, Inc. $433,0001 in damages. Metal-Prep cross-appeals several rulings of the district court. The court found that Barry & Sewall breached an express warranty under a contract for a metal treating oven which it sold to Metal-Prep. We affirm the finding that Barry & Sewall breached its express warranty...

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