Sweetheart Baby Needs, Inc. v. Texilon Co.

The defendant admits that the merchandise manufactured by it contained defective elastic but claims that it followed the specifications furnished by plaintiff. The written contract between the parties, contained in defendant’s counteroffer of February 8, 1955, accepted in writing by plaintiff, specified that the quality of manufacture was to be “ first class ” and that the merchandise was to be “ as per your [plaintiff’s] sample ”. Defendant’s president admitted that the sample submitted was a 11 Playtex Dress-Eez pant”. Defendant claims that its merchandise conformed to a sample initialled…