Edmunds v. Stevens

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

Edmunds v. Stevens

Case Number
A-16-0129
Call Date
March 15, 2017
Case Time
1:30 PM
Case Summary

A-16-0129, Patrick Edmunds v. Carol Stevens (Appellant)

Cedar County, Judge Paul J. Vaughn

Attorney for Appellant: David W. Watermeier (Morrow, Poppe, Watermeier & Lonowski, P.C.)

Attorney for Appellee: Julie Fowler, Brendan M. Kelly (Fowler & Kelly Law, LLP)

Civil Action: Breach of contract

Action Taken by Trial Court: The trial court found that the contract violated the Dog and Cat Purchase Protection Act and the U.C.C. would fill in the missing warranty terms. The trial court then found that the warranty of merchantability had been breached and found in favor of Edmunds.

Assignments of Error on Appeal: On appeal, Stevens assigns that the trial court erred (1) in concluding that Bree's condition was genetic, and (2) when it did not take into consideration all the relevant facts and evidence to determine whether Stevens' one-year warranty was sufficient time within which to discover the defects which the warranty was to cover.

Case Location
Norfolk
Panel Text
Moore, Chief Judge, Inbody, and Riedmann, Judges