Lamkins v. International Harvester Co.
207
Facts: Lamkins bought a tractor.
He wanted lights on it. It wasn’t
delivered with lights and he didn’t get the lights for a year. Lamkins was unable
to work on a certain tract on his farm because he couldn’t work at night; he
sued for his lost profits.
Issue: Is the defendant liable for this crop loss?
Rule: In order for the defendant to be liable, there must be
evidence that he tacitly agreed to risk liability for a crop loss of the size
sustained.
Analysis: The court argues that the dealer neither made a
contract to assume such liability, nor, based on the evidence, made a tacit
agreement to do the same.
Conclusion: It is suggested that the court found that the defendant
was not liable for the crop loss.
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