# Swenson v. Chevron Chemical Company

> South Dakota Supreme Court · October 17, 1975 · 89 S.D. 497

URL: https://www.frixlaw.com/law-library/cases/9704015

## Case

- **Full name:** SWENSON, Respondent v. CHEVRON CHEMICAL CO., Appellant
- **Court:** South Dakota Supreme Court
- **Decided:** October 17, 1975
- **Citations:** 89 S.D. 497; 234 N.W.2d 38; 18 U.C.C. Rep. Serv. (West) 67; 1975 S.D. LEXIS 170
- **Precedential status:** Published
- **Opinion:** Concurrence by Coler
- **Judges:** Winans, Coler, Dunn, Wollman, Doyle
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9704015

## Opinion text

COLER, Justice
(concurring specially).
I agree with the result the majority opinion has reached but cannot, in' good conscience, accept the public policy statement taken from the dissent of Judge Fruge in California Chemical Company v. Lovett, 1967, La.App., 204 So.2d 633 , as controlling. That decision involved an exclusion or waiver of a warranty, an issue not before us in this case.
The Louisiana statutes cited by the majority opinion in California Chemical Company v. Lovett, supra, appear to be a carryover from the Napoleonic code. See Wisdom Moving & Storage v. Louisiana Public Service Commission, 1960, 240 La. 188 , 121 So.2d 739 ; LSA — C.C. arts. 1764, 1901, 2520, 2541, 2542. It was well after both of the above cited cases, by Act No. 92 of Acts of the Legislature of the State of Louisiana, Regular Session of 1974, that any part of the Uniform Commercial Code found its way into Louisiana statutes and Article 2 of the U.C.C. entitled “Sales” was entirely omitted therefrom. In South Dakota, on the other hand, the entire Uniform Commércial Code, with only minor variations, has been adopted.
The statutes cited by the majority opinion, all a part of the Uniform Commercial Code SDCL 57-4-25 through 57-4-29, adequately express the legislative policy of this state and SDCL 57-4-33 et seq., sufficiently cover the subject matter of exclusion from or limitations on express or implied warranties of fitness to make the citation unnecessary and undesirable.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9704015. Public record. Not legal advice.