Celanese Corp. Of America v. John Clark Industries, Inc.

HUTCHESON, Chief Judge.

The suit was for damages, actual and exemplary, for fire losses in plaintiff’s hydraulic die casting plant 1 resulting from the use in it of Lindol HF-X, the hydraulic fluid sold and furnished to plaintiff by defendant for such use.

The claim as set out in detail in the complaint was: that in answer to plaintiff’s inquiries as to the possible use in its business of defendant’s hydraulic fluid known as Lindol HF, 2 defendant, giving its specifications and stating that it was “nonflammable” and would “not support combustion”, recommended most highly it and a new product…