Goodwork, Inc. v. Drazen Lumber Company

O’SULLIVAN, ).

The complaint sets forth that the plain' tiff engaged one Egger to line a large fire box with fire brick capable of withstanding a heat temperature of 3,200 degrees. Egger purchased brick from the defendants who warranted that the product would meet the specifications. As a matter of fact the brick was incapable of withstanding any heat in excess of 500 degrees, with the result that Egger was com' pelled to reconstruct the work at great expense.

Thereafter he assigned to the plaintiff, for a valuable con' sideration, all claims he might have against the defendant arising out of…