Bishop Logging Company, Respondent, v. John Deere Industrial Equipment Co., and Construction Equipment Sales, Inc., Defendants, of whom John Deere Industrial Equipment Co. is, Appellant., 317 S.C. 520

Summary

The logging company had purchased equipment from the equipment company. Soon after being placed in operation, the machinery began to experience mechanical problems. The equipment company made warranty repairs on the equipment. However, the logging company contended the system failed to operate as represented by the equipment company and that, as a result, it suffered substantial financial loss. The court held that because the equipment company only rendered an opinion as to future performance, the representation could not be the basis for a finding of fraud. The court held further that negligent misrepresentation was not applicable as a matter of law to this case under the economic loss rule and that because the statements were not false representations, the logging company could not establish negligent misrepresentation. However, the court held that the evidence at trial was sufficient for the jury to determine that the equipment company did not effectively perform its obligation to ...