Federal Signal Corporation v. Safety Factors, Inc.
Washington Supreme Court
125 Wash. 2d 413, 886 P.2d 172, 25 UCC Rep. Serv. 2d 765 (1994)
- Written by Tom Squier, JD
Facts
Federal Signal Corporation (Federal Signal) (plaintiff) sold seven light towers to Safety Factors, Inc. (defendant). The light towers had various problems, so Safety Factors never paid Federal Signal for them. Federal Signal sued to recover the price of the towers, and Safety Factors countersued for breach of warranty. Safety Factors asserted that Federal Signal had made various representations about the suitability and reliability of the light towers in both oral communications and a written brochure and that Federal Signal had indicated that its light towers were of a higher quality than an older model of light tower. David Robbins, the representative from Federal Signal who communicated with Safety Factors about the sale, claimed that he did not specifically recall making any of the assertions that Safety Factors described. Robbins also claimed that he was not sure whether he had given the brochure to Safety Factors during the sale and negotiation process. The trial court held in favor of Federal Signal, holding that Federal Signal made no express warranties about the light towers, though the trial court failed to make findings of fact to support that conclusion. Safety Factors appealed to the Washington Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Madsen, J.)
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