Outhwaite v. A. B. Knowlson Co.

In 1921, plaintiff purchased from defendant, a dealer in building materials, some stucco for use in building a home. She demanded Elástica, which had been recommended to her, and would not consider any other brand. She also refused to take Elástica unless she should get a 10-year guaranty with it. Whether defendant orally promised it would give her the guaranty personally or informed her the manufacturer would give it is in dispute.

The stucco was applied to plaintiff’s house. In November she complained that it had cracked. Representatives of the manufacturer and of defendant examined the…