Simpson Timber Co. v. Ljutic Industries, Inc.

Plaintiff, Simpson Timber Company, brought this action against defendants for $5,032.36 claimed due on an open account from the sale of industrial fiberboard. Defendants, Ljutic Industries, Inc. and the company’s president, Albert Ljutic, answered and counterclaimed alleging, among other things, that the fiberboard when sold and delivered was highly inflammable and unfit for the use intended; it was so warm when packaged that it continued heating until spontaneous combustion occurred, causing a fire that destroyed defendants’ plant and thereby damaged defendants in excess of $250,000; and…