Ertl Company v. Lange Plastics Company

LARSON, Justice.

When the plaintiff, The Ertl Company, brought an action on account against defendant, Lange Plastics Company, for tool and die casts and an agreed price for certain ski boot buckle mountings manufactured for defendant in the sum of $1,210.91 and interest and costs, defendant admitted the transaction but affirmatively alleged the die cast parts were not suitable for its proposed purpose, alleged the parts were defective, had inherent structural weaknesses which constituted a breach of implied warranty, and asked that plaintiff’s petition be dismissed at its cost.

Defendant also…