E. I. Du Pont De Nemours & Co. v. E. L. Bruce Co.

E. L. Bruce Company, a Delaware corporation, referred to herein as “Bruce,” instituted this suit against E'. I. Du Pont de Nemours & Company, also a Delaware corporation, designated herein as “Du Pont,” to recover damages for a breach of express and implied warranties of a chemical known as “Lignasan,” used in treating large quantities of oak lumber.

The jury returned a verdict in favor, of Bruce for $12.6,239.82. The trial court directed a remittitur of $61,572.94, which was accepted under protest, and judgment entered for $64,666.88. Both parties appealed to the Court of Appeals.

In the trial…