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Contracts Keyed to Epstein
Singer Company v. E.I. du Pont de Nemours and Company
Citation:
579 F.2d 433 (1978)Facts
Singer became interested during late 1972 in obtaining an electrodeposition paint system for its Red Bud, Illinois plant, where until this time the metal, or ware, used in the manufacture of air-conditioners and furnaces had been painted in a spray system. Du Pont was contracted to provide Singer with paint for its approximately 22,000 gallon tank. From the beginning, Singer experienced problems with the electrodeposition system. Repainting was necessary. Du Point, which supervised the installation and starting up of this electrodeposition system, tried unsuccessfully for six months to correct this problem. Finally, the Du Pont paint was removed from the tank and replaced with paint supplied by another company. Singer brought a suit contending that Du Pont breached an implied warranty of fitness for a particular purpose by representing throughout the period in question that its paint would satisfy plaintiff’s needs.
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