Hill v. Matthews Paint Co.

By the instant action, plaintiff sought damages for losses sustained as the result of a fire allegedly caused by the spontaneous combustion of a spray material purchased from defendant. Trial was to the court without a jury. The court found for defendant and entered judgment accordingly. Plaintiff appeals.

Plaintiff’s complaint comprises three causes of action. Count I alleges, in substance, that defendant breached an express oral representation, promise and warranty to manufacture a spray finish material “which would be safe and in all respects fit and proper for plaintiff’s use and capable…