Charleston Marine Containers Inc. v. Sherwin-Williams Co.

ORDER

DAVID C. NORTON, UNITED STATES DISTRICT JUDGE

This matter is before the court on defendant The Sherwin-Williams Company’s (“SW”) motion for summary judgment. For the reasons set forth below, the court: (i) grants SW’s motion with respect to plaintiffs claim for breach of contract; (ii) grants SW’s motion with respect to plaintiffs claim for breach of contract accompanied by a fraudulent act; (iii) grants SW’s motion with respect to plaintiffs claim for breach of express warranty; and (iv) denies SW’s motion with respect to plaintiffs claim for negligent misrepresentation.

I. BACKGROUND1

Plai…