Tex Enterprises, Inc. v. Brockway Standard, Inc.

Tex (plaintiff) bought steel containers from distributor Shelton after a Brockway (defendant) representative told Tex the containers were 'just as good' for its needs, but Tex had no knowledge of the separate contract between Brockway and Shelton, which disclaimed all implied warranties; when the containers' rust inhibitor ruined Tex's product, Tex sued both, settling with Shelton, and Brockway argued it lacked privity with Tex and that Tex could not sue as a third-party beneficiary given the contract's warranty disclaimers.