Singer Company v. E.I. Du Pont De Nemours And Company

579 F.2d 433 (1978)

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Nature of the Case

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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.