Controltek, Inc. v. Kwikee Enterprises, Inc.

This is an action at law by a manufacturer against a commercial purchaser of some of its products alleging failure to pay a balance due of $9,027.28. Defendant counterclaimed for breach of an implied warranty of fitness for a particular purpose, as provided by ORS 72.3150. The case was tried before the court, without a jury. The court found that defendant was entitled to a credit for defective goods and that the balance due, after deduction for such a credit, was the sum of $1,335.25. Plaintiff appeals from the judgment in that amount. We affirm.

The product purchased by defendant from…