U.S. Fibres, Inc. v. Proctor & Schwartz, Inc.
United States Court of Appeals for the Sixth Circuit
509 F.2d 1043 (1975)
- Written by Robert Cane, JD
Facts
U.S. Fibres, Incorporated (Fibres) (plaintiff) contracted to purchase two special ovens from Proctor & Schwartz, Incorporated (Proctor) (defendant). The contracts for the ovens contained express warranties against defects in materials or workmanship. The contracts also had specific disclaimers that the performance of the machines could not be guaranteed due to the variables involved. The contracts also had general disclaimers of warranties. The contracts also described the expected performance of the ovens. That is, the ovens were designed to produce pads with a thickness tolerance of one-thirty-second of an inch. However, both parties understood that the ovens were designed for a manufacturing process that was unproven and the description of tolerance was merely a design expectation. When the ovens did not perform as expected, Fibres sued Proctor for breach of express and implied warranties. The district court entered judgment in favor of Proctor.
Rule of Law
Issue
Holding and Reasoning (Lively, J.)
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