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HAPAG-LLOYD v. MARINE INDM. INS. CO.

No. 90-2155.

576 So.2d 1330 (1991)

HAPAG-LLOYD, A.G., Appellant, v. MARINE INDEMNITY INSURANCE CO. OF AMERICA, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 23, 1991.

Attorney(s) appearing for the Case

Bailey Hunt Jones & Busto and William A. Fragetta, Miami, for appellant.

Rex B. Guthrie, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.

SCHWARTZ, Chief Judge.

After a jury trial, the appellee-purchaser won a judgment for breach of an express warranty of soundness in the sale of a piece of stevedoring equipment by the appellant. We reverse with directions to enter judgment for the appellant.

The undisputed testimony1 established that a responsible official of the buyer was aware of the defective wiring in the engine of the "toploader" in question, which constituted...

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