Sanford Construction Co. v. Kaiser Aluminum & Chemical Sales, Inc.

MEMORANDUM

SWINFORD, District Judge.

This is a diversity action brought by the buyer of aluminum sewer pipe against the seller for breach of warranty. The pipe was purchased for use as part of a storm sewer system in connection with a shopping center being constructed by plaintiff. After the pipe was installed, it allegedly collapsed and was excavated and replaced by steel pipe. Agents of the defendant inspected the site when the aluminum pipe was installed and at various times thereafter. But when the pipe was excavated, plaintiff refused to permit representatives of the defendant to be…