SINGER COMPANY V. E.I. DU PONT DE NEMOURS AND COMPANY
579 F.2d 433 (1978)
NATURE OF THE CASE: Du Pont (D) appealed a decision upholding a jury verdict for Singer
(P) in its action for breach of an express and implied warranty on paint.
FACTS: P needed an electrodeposition paint system. D was contracted to provide P with
paint for its approximately 22,000-gallon tank. P experienced problems with the
electrodeposition system. Parts frequently emerged from the paint tank with 'blotches' and
'streaks.' Repainting was necessary. D, which supervised the installation and starting up of
this electrodeposition system, tried unsuccessfully for six months to correct this problem.
Finally, in April of 1974, D paint was removed from the tank and replaced with paint
supplied by the Sherwin-Williams Company. This lawsuit was filed the following year. D
maintained that the problem was with the substrate, pretreated part; P, however, insisted
that the paint was at fault. P claims that D had given an implied warranty of fitness for a
particular purpose by representing throughout the period in question that its paint would
satisfy P's needs. Over D's objection, the trial court instructed the jury on implied
warranty for a particular purpose. The issue of express warranty was not submitted. P got
the verdict and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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