Ellis v. Rich's, Inc.

Pannell, Judge.

Defendant Westwood Import Company purchased thousands of fondue pots from Ling Metal Manufacturing Company, Taipai, Taiwan, and as part of their business sold orders for the pots to various retailers throughout this country, to include defendants Rich’s Inc., and Richway, Inc., using samples furnished by Westwood. Westwood furnished specifications to the manufacturer concerning color and possibly the labeling of the boxes in which shipped. The packaged merchandise is shipped direct to the retailer without inspection by Westwood, except in those instances where original cartons…