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Torts Keyed to Dobbs
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Moorman Manufacturing Co. v. National Tank Co
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Plaintiff purchased a steel grain storage tank from Defendant to use in Plaintiff’s feed processing plant. After about ten years, the tank developed a crack on one of its steel plates. Plaintiff sued, claiming strict liability, misrepresentation, defective design, and express warranty. The trial court dismissed the first three claims, holding that the purchaser could not recover under the tort theories, but found that the breach of warranty claim was not barred. The appellate court reversed the dismissal and held that Plaintiff could recover for economic loss under his theories.
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