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Wullschleger & Co. v. Jenny Fashions, Inc.

United States District Court for the Southern District of New York
618 F. Supp. 373 (1985)


Wullschleger & Company, Inc. (Wullschleger) (plaintiff) produced and sold cloth to garment manufacturers. Jenny Fashions, Inc. (Jenny) (defendant) was a seller of women’s dresses. After testing sample fabric from Wullschleger, Jenny purchased 37,500 yards of a specific pattern of fabric from Wullschleger to make circle skirts. Wullschleger represented that the fabric was “first quality” under industry standards. However, a large portion of the fabric turned out to be defective due to being skewed, which meant that the vertical and horizontal yarns were not at right angles to each other. Wullschleger admitted that some of the fabric was skewed. This defect caused the circle skirts to become distorted after being pressed. Jenny attempted to obtain replacement fabric but was unable to do so. Consequently, Jenny was forced to cancel a substantial number of orders from eight customers. At this point, Wullschleger had delivered 23,577 yards of the 37,500 yards ordered. Jenny had paid $11,402.94 out of a total price of $27,107.81 for the delivered fabric. Wullschleger sued Jenny for the amount owed for the full order of 37,500 yards of fabric. Jenny counterclaimed for breach of contract, asserting breaches of express warranties and the implied warranty of merchantability.

Rule of Law


Holding and Reasoning (MacMahon, J.)

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