Maurice C. Smith Co. v. Fisher Plastics Corp.

SWEENEY, District Judge.

In this action the plaintiff seeks to recover damages as the result of an alleged breach of either an express warranty or an implied warranty, or both. The defendant denies that any warranty attached to the sale of its products to the plaintiff.

Findings of Fact

The plaintiff is a Rhode Island corporation engaged in the manufacture of boots and shoes. Among its products it had, prior to 1946, manufactured a type of stadium boot known as the “Warmeze” boot. In 1946 the plaintiff decided to make a boot of this type but with the outer surface made of a plastic rather than…