Doug Connor, Inc. v. Proto-Grind, Inc.

Proto-Grind (defendant) sold a commercial wood grinder; its brochure said the grinder could handle timber and stumps but didn't specify wood types. Doug Connor (plaintiff), who ran a land-clearing business, told Proto-Grind's president he needed a grinder that could handle Florida palm and palmetto trees. Connor alleged the president orally assured him the grinder would work for that purpose, and Connor bought it relying on that assurance. In practice, the grinder could only mulch palm trees about half the time. Connor sued for breach of express warranty. The trial court ruled the president's statements were mere puffery, not a warranty, and dismissed the claim. Connor appealed.