Waldman Produce, Inc. v. Frigidaire Corp.

The question to be determined upon this appeal, though one that must have arisen frequently, does not seem to have been considered in many reported cases.

The plaintiff was in the produce business. Desiring a refrigerator to preserve its fruits and vegetables, plaintiff advised defendant of its need, stating the temperature that the box would have to maintain in order to meet the plaintiff’s requirements. The defendant represented to the plaintiff that its refrigerator would maintain the required temperature. Belying upon this representation, plaintiff purchased the box, making a substantial…