Swan Island Sheet Metal Works, Inc. v. Troy's Custom Smoking Co.

Plaintiff, [Swan Island], brought an action against defendant, [Troy’s], to recover the price of a crab cooker manufactured by Swan Island and sold to Troy’s. Defendant counterclaimed for consequential damages arising from an alleged breach of an implied warranty of fitness for a particular purpose, ORS 72.3150. After a trial to the cotut, the court awarded defendant $2,950 in damages, together with costs. Plaintiff appeals, arguing, inter alia, that the facts do not show an implied warranty of fitness for a particular purpose. We affirm.

In July, 1976, Peter Troy, president and owner of…