Clements & Van Wagnen Construction Co. v. Winkworth Transit Co. (In Re Clements & Van Wagnen Construction Co.)

MEMORANDUM OPINION

HAROLD H. BOBIER, Bankruptcy Judge.

Introduction

Defendant has moved the court for summary judgment against plaintiff, alleging lack of reliance on the part of the plaintiff as to the proper air-void content for cement to be used in the construction of sidewalks, and praying for a ruling of no cause of action on plaintiff’s claim for breach of implied warranty of fitness for a particular purpose, U.C.C. 2-315.

Findings of Fact

1. Plaintiff filed its complaint on June 11, 1981, praying for damages resulting from defective cement supplied by defendant.

2. Defendant filed this…