Singer Company v. E.I. Du Pont De Nemours and Company
United States Court of Appeals for the Eighth Circuit
579 F.2d 433 (1978)
- Written by Joseph Bowman, JD
Facts
Singer Company (Singer) (plaintiff) contracted with E.I. Du Pont De Nemours and Company (Du Pont) (defendant) to supply paint for Singer’s Illinois plant to specific standards. Du Pont oversaw the installation of the system and worked for six months to fix problems with the paint finish. Singer found a new supplier and the problems ended. Singer sued for breach of an express warranty and an implied warranty of fitness for a particular purpose. Du Pont claimed the problem was caused by the pretreatment, not the paint. The judge submitted only the implied warranty question to the jury, and the jury found for Singer. Du Pont’s counterclaims were unsuccessful, and the judge refused to grant Du Pont’s motions for judgment notwithstanding the verdict and a new trial based on improper jury instructions and lack of evidence. Du Pont appealed to the United States Court of Appeals for the Eighth Circuit.
Rule of Law
Issue
Holding and Reasoning (Hanson, J.)
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