Schatz Distributing Co. v. Olivetti Corporation of America

Spencer, J.:

Defendant Olivetti Corporation of America, a manufacturer and distributor of business machines, has appealed from judgment in favor of plaintiff for damages resulting from breach of warranty in the sale to plaintiff of an Olivetti DE-525 computer with related equipment.

Anticipating a substantial increase in its accounts, plaintiff, through its then president Michael Scherzer, commenced negotiations with defendant for the purchase of a computer. A meeting was arranged with Jim Neese, an Olivetti sales representative, at which Robert Wedow, plaintiff’s accountant, explained to Neese…