Ted Lansing Supply Co. v. Royal Aluminum & Construction Corp.

Ted Lansing Supply Company, Inc., (Lansing) appeals a judgment of the trial court approving a jury verdict in the amount of $25,000.00, returned in favor of Royal Aluminum and Construction Corporation (Royal) on its counterclaim against Lansing.

The dispositive issue on this appeal is whether the trial court erred in submitting to the jury the issue of Lansing’s liability upon a theory of breach of implied warranty when this theory was not raised by the pleadings.

Lansing is a distributor of certain “replacement windows” manufactured by Replacement Products Industries Corporation. Royal…