FIRST NAT. BANK OF LOUISVILLE v. BROOKS FARMS


821 S.W.2d 925 (1991)

FIRST NATIONAL BANK OF LOUISVILLE, Plaintiff, v. BROOKS FARMS, a Tennessee partnership, Defendant, and George C. BROOKS, Sr., George C. Brooks, Jr., and Carl Lee Brooks, d/b/a Brooks Farms, a Tennessee partnership, Third-Party Plaintiffs-Appellees/Cross Appellants, v. A.O. SMITH CORPORATION, Third-Party Defendant/Cross-Appellee, and A.O. Smith Harvestore Products, Inc., Hermitage Harvestore Systems, Inc., and Frank Osborne, Third-Party Defendants-Appellants.

Supreme Court of Tennessee, at Nashville.

December 9, 1991.


Attorney(s) appearing for the Case

M. Taylor Harris, Jr., Nashville, for First Nat. Bank of Louisville.

William M. Leech, Jr., Dennis J. Meaker, James M. Weaver, Malcolm L. McCune, James A. Vick, Nashville, for George C. Brooks, Sr., George C. Brooks, Jr., Carl Lee Brooks d/b/a Brooks Farms.

Donald E. Egan, Lee Ann Watson, David K. Schmitt, Carole J. Ryczek, Chicago, Ill., David J. Pflaum, Nashville, for A.O. Smith Corp.

Donald E. Egan, David K. Schmitt, Andrew M. Hale, Chicago, Ill., Robert L. Crossley, Richard E. Herod, James A. Delanis, Nashville, Thomas W. Hardin, Columbia, for A.O. Smith Harvestore Products, Inc.

Luther E. Cantrell, Jr., Nashville, for Hermitage Harvestore Systems, Inc., and Frank Osborne.


OPINION

REID, Chief Justice.

This case presents appeals by the manufacturer and the dealer/seller of Harvestore agricultural feed storage facilities from judgments on jury verdicts for damages in favor of dairy farmers who purchased the facilities from the dealer. For the reasons hereinafter stated, the judgment against the manufacturer is affirmed, and the judgment against the seller is reversed.

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