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Neville Construction Co. v. Cook Paint & Varnish Co.

United States Court of Appeals for the Eighth Circuit
671 F.2d 1107 (8th Cir. 1982)


Facts

Neville Construction Co. (Neville) (plaintiff) used Coro-foam insulation manufactured by Cook Paint and Varnish Co. (Cook) (defendant). A Cook brochure given to Neville described Coro-foam as flame retardant. After the Coro-foam was installed, a fire destroyed Neville’s building. The Cook brochure was destroyed in the fire. Neville sued Cook for negligence and breach of warranty. At trial, Dennis Neville testified, over Cook’s objection, that Cook’s brochure described Coro-foam as flame retardant. The jury found in favor of Neville. Cook appealed, contending that Neville’s testimony was not the best evidence of the Cook brochure because a similar brochure existed and should have been introduced by Neville.

Rule of Law

Issue

Holding and Reasoning (Bright, J.)

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