Chase Resorts, Inc. v. Johns-Manville Corp., JOHNS-MANVILLE
| Decision Date | 01 May 1980 |
| Docket Number | JOHNS-MANVILLE,No. 79-1823,79-1823 |
| Parties | CHASE RESORTS, INC., et al., Appellants, v.CORP., etc., et al., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Dempster K. Holland, Thomas, Busse, Goodwin, Cullen, Clooney & Gibbons, St. Louis, Mo., for appellants.
Eugene K. Buckley, Evans & Dixon, St. Louis, Mo. (argued), and Carl D. Kraft, St. Louis, Mo., on brief, for appellees.
Before HEANEY and ARNOLD, Circuit Judges, and SACHS, District Judge. *
Chase Resorts, Inc., and Four Seasons Lakesites, Inc., brought this action against Johns-Manville Corporation and Johns-Manville Sales Corporation alleging breach of warranty and fraud in the sale of an automatic watering system for a golf course. The case was tried to the Court, the Hon. H. Kenneth Wangelin, Chief Judge, presiding. On June 29, 1979, Judge Wangelin made extensive findings of fact and conclusions of law favorable to defendants. The opinion is reported at 476 F.Supp. 633 (E.D.Mo.1979). Judgment was entered accordingly.
We affirm on the basis of the District Court's opinion. The Court found that Johns-Manville had not breached implied or express warranties and had not made fraudulent representations. These findings are supported by substantial evidence and are not clearly erroneous. See 8th Cir.R. 14.
Affirmed.
* The Hon. Howard F. Sachs, United States District Judge for the Western District of Missouri, sitting by designation.
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...(6th Cir. 1975) (applying Michigan law); Chase Resorts, Inc. v. Johns-Manville Corp., 476 F. Supp. 633, 638 (E.D. Mo. 1979) aff'd, 620 F.2d 203 (8th Cir. 1980); Commc'ns Grps., Inc. v. Warner Commc'ns, Inc., 527 N.Y.S.2d 341, 346 (N.Y. Civ. Ct. 1988); Dana Commercial Credit Corp. v. Hanscom......
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In re Sony Gaming Networks & Customer Data Sec. Breach Litig.
...1047 (6th Cir.1975) (applying Michigan law); Chase Resorts, Inc. v. Johns–Manville Corp., 476 F.Supp. 633, 638 (E.D.Mo.1979)aff'd,620 F.2d 203 (8th Cir.1980); Commc'ns Grps., Inc. v. Warner Commc'ns, Inc., 138 Misc.2d 80, 527 N.Y.S.2d 341, 346 (N.Y.Civ.Ct.1988); Dana Commercial Credit Corp.......
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Kociemba v. GD Searle & Co.
...153 F.2d 493, 496 (7th Cir. 1946)). See also Chase Resorts, Inc. v. Johns-Manville Corp., 476 F.Supp. 633 (E.D.Mo.1979), aff'd 620 F.2d 203 (8th Cir. 1980). If the party making the representation has special knowledge of the subject, upon which the injured party relies, however, a court can......
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