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Randy Knitwear, Inc. v. American Cyanamid Co.

New York Court of Appeals
181 N.E.2d 399 (1962)


American Cyanamid Co. (defendant) makes a fabric-finishing product called “Cyana” that prevents shrinkage. The company authorizes textile mills to treat their fabrics with Cyana and sell them under the Cyana label. Cyanamid markets its product in trade journals and direct mailings to clothing manufacturers. In addition, after testing and approving samples, it makes labels for clothing manufacturers to sew into garments, touting a Cyana finish that will not shrink or stretch. Randy Knitwear, Inc. (plaintiff) purchased a large quantity of Cyana-treated fabrics from two textile mills to make children’s clothes with the Cyana label. But customers reported that ordinary washing made the clothes shrink and lose their shape. Randy Knitwear sued American Cyanamid for breach of express warranty. American Cyanamid moved for summary judgment on the ground that Randy Knitwear lacked contractual privity with it to enforce the warranty. The trial court denied the motion, and the appellate court affirmed, but certified the question for New York’s highest court of appeals to decide.

Rule of Law


Holding and Reasoning (Fuld, J.)

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