J.S. Haren Company v. Fairfield Service Company

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 24, 2020
• Docket: 19-3192
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-3192 ___________________________

J.S. Haren Company

lllllllllllllllllllllPlaintiff - Appellee

v.

Fairfield Service Company of Indiana, LLC

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________

Submitted: September 21, 2020 Filed: September 24, 2020 [Unpublished] ____________

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

Fairfield Services Company of Indiana appeals the adverse judgment entered by the district court1 following a bench trial in a diversity action raising claims under

1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. Arkansas state law. Upon careful review, we conclude the district court did not err in determining that the equipment supplied by Fairfield was defective, that Fairfield failed to timely cure the nonconformities, and that the buyer’s revocation of acceptance was timely and appropriate. See United States v. Missouri, 535 F.3d 844, 848 (8th Cir. 2008) (in appeal from civil bench trial, findings of fact are reviewed for clear error, conclusions of law and mixed questions of law and fact are reviewed de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

-2-