Keller v. A.O. Smith Harvestore Products, Inc.

Alfred and Martha Keller (plaintiffs), dairy farmers, bought two Harvestore oxygen-limiting grain storage systems from A.O. Smith Harvestore Products (defendant) after an extensive marketing campaign claiming the systems could store grain indefinitely without spoilage and would reduce or eliminate the need for protein supplements for dairy cows. Based on these marketing materials, the Kellers signed a purchase agreement stating it was the parties' final integrated agreement, and that the marketing materials created no "guarantees" and were not being relied on "as such." After installation, the Kellers' cows began suffering ailments and some died. The Kellers sued for several claims including negligent misrepresentation, arguing the marketing materials wrongly induced them to enter the contract; a jury ruled for the Kellers, and Smith appealed. The Tenth Circuit certified two state-law questions to the Colorado Supreme Court.