Neville Construction Co. v. Cook Paint & Varnish Co.
United States Court of Appeals for the Eighth Circuit
671 F.2d 1107 (8th Cir. 1982)
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
Holding and Reasoning (Bright, J.)
What to do next…
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 709,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 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.