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.
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.