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Kaiser Cement & Gypsum Corp. v. Allis-Chalmers Manufacturing Co.

Citations: 35 Cal. App. 3d 948; 111 Cal. Rptr. 210; 1973 Cal. App. LEXIS 768Docket: Civ. 31132

Court: California Court of Appeal; December 12, 1973; California; State Appellate Court

Narrative Opinion Summary

In the appellate case involving Kaiser Cement and Gypsum Corporation against Allis-Chalmers Manufacturing Company, the California Court of Appeals addressed the reversal of a new trial order and the sufficiency of evidence regarding breach of warranty claims. Kaiser initiated legal proceedings due to Allis-Chalmers' failure to adhere to contractually stipulated motor specifications, particularly regarding temperature rise standards critical to Kaiser's cement plant operations. The trial court's initial decision granted a new trial based on allegations of statute of limitations expiry, which the appellate court found erroneous. The appellate court determined that the breach of warranty was not reasonably discoverable until motor failures occurred in 1966, thus making Kaiser's subsequent lawsuit timely. The court emphasized that express warranties to repair do not negate implied warranties, as supported by case law such as Rose v. Chrysler Motors Corp. and Seely v. White Motor Co. The jury had originally found in favor of Kaiser, determining Allis-Chalmers liable for breach of warranty but not negligent. The appellate court ordered a remand for a trial solely on damages, affirming Kaiser's liability verdict and denying Allis-Chalmers' motion for judgment notwithstanding the verdict. Kaiser was awarded costs on appeal, solidifying the legal stance that warranty breaches are actionable independently of other warranties.

Legal Issues Addressed

Breach of Warranty and Statute of Limitations

Application: The court found that Kaiser's action was not barred by the statute of limitations, as the breach of warranty was not discoverable until the motor failures in 1966.

Reasoning: The trial court erred in granting a new trial based on the statute of limitations beginning in May 1963.

Express and Implied Warranties

Application: The express warranty to repair does not negate other implied warranties, and Allis-Chalmers was found liable for failing to address the motor temperature issues.

Reasoning: The court cited Rose v. Chrysler Motors Corp., which held that the breach of an express warranty to repair does not limit or exclude obligations stemming from nonperformance of the agreement.

Jury Instructions and Legal Consistency

Application: A verdict 'against the law' is found when it contradicts jury instructions, and such contradiction must be clear-cut without supporting evidence.

Reasoning: A verdict can only be deemed contrary to instructions if the evidence is clear-cut and does not support the jury's finding under the given instructions.

New Trial Order Based on Verdict Against the Law

Application: The court reversed the new trial order, emphasizing that an appeal from a verdict should favor the original decision unless a legal error is demonstrated.

Reasoning: The court decided to reverse the new trial order and remand for a trial solely on damages, while affirming the denial of Allis-Chalmers' motion for judgment notwithstanding the verdict.

Prospective Warranties and Discovery of Breach

Application: For prospective warranties, the statute of limitations starts when the breach becomes reasonably discoverable, not at the time of contract execution.

Reasoning: It references California case law, particularly emphasizing that prospective warranties relate to future events where defects are not discoverable through reasonable diligence.