Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Lincoln Composites, Inc. v. Firetrace USA, LLC

United States Court of Appeals for the Eighth Circuit
825 F.3d 453 (2016)


Lincoln Composites, Inc. (plaintiff) bought defective tubing from Firetrace USA, LLC (defendant). Firetrace repeatedly tried but failed to fix the defect. After 18 months, Lincoln demanded a refund. Firetrace refused, citing the limited repair-or-replace warranty in its contract. Lincoln sued, asserting that Lincoln’s purchase orders referenced terms on its website that did not limit its remedies, and that the repair-and-replace warranty had failed its essential purpose. Lincoln’s experts testified that the remaining tubing would continue to fail. Firetrace requested a jury instruction with specific language about when a repair-or-replacement remedy fails its essential purpose but did not object when the court gave a more general instruction that it was up to the jury to decide how many attempts and a how long a seller should have to fix a defect before a repair-or-replace warranty failed. After the jury awarded Lincoln $900,000, Firetrace requested a new trial, arguing that the evidence did not support the verdict, the jury improperly found that Lincoln’s terms controlled, and the court should have given Firetrace’s requested jury instruction.

Rule of Law


Holding and Reasoning (Kelly, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial