C. M. Whitney Co. v. Mid-State Prestressed Concrete Co.

HORTON, Judge.'

The defendant seeks review of an adverse final summary judgment entered consequent upon the granting by the trial court of the plaintiff’s motion for summary judgment.

Plaintiff placed an order with defendant for uncoated steel wire to be used in the manufacture of prestressed concrete. The wire was to be delivered on wooden reels with tar paper lining inside the reels and wooden blinds around the reels. Defendant warranted that the wire would meet certain American Society of Testing Materials specifications. Some time after delivery of the wire plaintiff found that it was…