Electric Paint & Varnish Co. v. Binghamton Woven Wire Spring Co.

The plaintiff, by an agent, sold to the defendant and the defendant purchased by an order in writing, three one-half barrels of roofing paint. Defendant claims that the salesman, to induce defendant to purchase, made false statements to the effect that the paint would wear at least ten years and that it would not crack or split even if the defendant’s factory roof, where it was to be applied, was subject to a vibration of about one inch. The three one-half barrels were delivered; defendant used one one-half barrel, notified plaintiff that the paint had cracked and was unsuitable and sent…