Whiting Corporation v. Process Engineering, Inc.

HARTIGAN Circuit Judge.

This is an appeal from a judgement of the United stateg Digtrict Court for ^ Digtrict of Massachusetts dismissing piaintiff.appellant’s complaint,, . , „ , , The facts be summarized as follows: Plaintiff-appellant, an Illinois corporation, sued defendant-appellee for $25,292.00 damages for breach of warranty. The plaintiff’s purchase order to the defendant for certain rectangular expansion joints to be designed and manufactured by defendant contained the following provision: “These expansion joints are to be designed and guaranteed to fake up both the axial and lateral…