FLEXIBLE PRODUCTS COMPANY v. Lavin

Eberhardt, Presiding Judge.

Paul Lavin and Joe Zambito, d/b/a Cosmo Commercial Body Builders, brought suit against Flexible Products Company alleging breach of warranty with respect to polyurethane compounds purchased from defendant by plaintiff for use in insulation of truck bodies. Defendant counterclaimed on open account for materials, services, etc. Verdict and judgment were in plaintiffs favor, and defendant appeals. Held:

1. Defendant complains that the trial court, in charging the jury that parol evidence is admissible to prove a new and distinct subsequent agreement or modification of…