Whizzer Industries, Inc. v. Windsor Steel Products, Ltd.

These two actions for breach of contract were filed by the appellee to recover the purchase price of certain metal heater frames and electric glass heating elements ordered by appellant and received by it from appellee, and for other such articles ordered by the appellant, produced by appellee, but with delivery thereof refused by appellant. Appellant’s defense was that the glass heating elements were unfit for use because they frequently shattered within a short time after the heaters were connected to an electric circuit. The actions were consolidated for trial.

The question involved is…