Arlyn and Rose Spindler were dairy farmers who leased a feed storage silo from Agristor Leasing….

Arlyn and Rose Spindler were dairy farmers who leased a feed storage silo from Agristor Leasing. The silo was supposed to limit the oxygen reaching the feed and thus to hinder its spoilage. The Spindlers alleged that the silo was defective and that the dairy feed it contained was spoiled as a result. They further alleged that due to the spoilage of the feed, their dairy herd suffered medically and reproductively, and their milk production dropped. The Spindlers sued Agristor in negligence and under section 402A for their resulting lost income. What type of damages are they claiming? Under the majority rule, can they recover for such damages in negligence or under section 402A? Would your answer be different if the Spindlers had sued for the damage to the dairy feed itself? Assume for purposes of argument that both section 402A and negligence claims are possible under this equipment lease.

 

 

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