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Chase Resorts, Inc. v. Johns-Manville Corp.

United States Court of Appeals, Eighth Circuit
May 1, 1980
620 F.2d 203 (8th Cir. 1980)

Summary

holding that a promise of "'years of trouble free performance' is so vague and abstract that this Court would necessarily have to guess as to the precise nature of the material fact allegedly misrepresented"

Summary of this case from Morley v. Square, Inc.

Opinion

No. 79-1823.

Submitted April 16, 1980.

Decided May 1, 1980.

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.

Appeal from the United States District Court for the Eastern District of Missouri.

Before HEANEY and ARNOLD, Circuit Judges, and SACHS, District Judge.

The Hon. Howard F. Sachs, United States District Judge for the Western District of Missouri, sitting by designation.


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.


Summaries of

Chase Resorts, Inc. v. Johns-Manville Corp.

United States Court of Appeals, Eighth Circuit
May 1, 1980
620 F.2d 203 (8th Cir. 1980)

holding that a promise of "'years of trouble free performance' is so vague and abstract that this Court would necessarily have to guess as to the precise nature of the material fact allegedly misrepresented"

Summary of this case from Morley v. Square, Inc.
Case details for

Chase Resorts, Inc. v. Johns-Manville Corp.

Case Details

Full title:CHASE RESORTS, INC., ET AL., APPELLANTS, v. JOHNS-MANVILLE CORP., ETC., ET…

Court:United States Court of Appeals, Eighth Circuit

Date published: May 1, 1980

Citations

620 F.2d 203 (8th Cir. 1980)

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