Singer Company v. E.I. Du Pont De Nemours and Company
United States Court of Appeals for the Eighth Circuit
579 F.2d 433 (1978)
Relevant factsFree
Singer (plaintiff) contracted with Du Pont (defendant) to supply paint meeting specific standards for its plant, but persistent finish problems ended only after Singer switched suppliers; Singer sued for breach of both an express warranty and an implied warranty of fitness for a particular purpose, and the judge submitted only the implied-warranty question to the jury, which found for Singer.
IssueFree
Whether, under the U.C.C., there is an implied warranty of fitness for a particular purpose if there was an express warranty for the same item.