Lewis v. Mobil Oil Corporation
United States Court of Appeals for the Eighth Circuit
438 F.2d 500 (1971)
Lewis (plaintiff), a sawmill operator converting to hydraulic equipment, consulted Frank Rowe, a local Mobil (defendant) oil dealer, about what hydraulic oil his equipment needed, telling Rowe only that his equipment used a Commercial-brand gear pump; neither Lewis nor Rowe actually knew what oil the equipment required, and Rowe knew Lewis lacked that specialized information. Rowe recommended Mobil's Ambrex 810, a mineral oil without additives, based on a Mobil superior's advice, and Lewis used it for roughly two years while having ongoing equipment trouble. After switching pumps to a Tyrone brand but continuing with Ambrex 810 on Rowe's continued recommendation, the new pump broke down within three weeks; only after switching to a different oil containing a defoamant did the equipment finally operate properly. A jury found for Lewis, and Mobil appealed.
Whether a seller who knows the specific use or purpose intended by the buyer for a good breaches the implied warranty of fitness for a particular purpose by recommending a good unfit for that purpose.