Catania v. Brown

We are justified in assuming from the finding that the defendant is engaged in the retail paint business. In June, 1964, the plaintiff Michael Catania asked the defendant to recommend a paint to cover the exterior stucco walls of the plaintiffs’ house. The defendant was told that the stucco was in a “chalky” and “powdery” condition. He recommended and sold to Catania a product known as Pierce’s shingle and shake paint. At the time of the sale, the defendant advised Catania to “wire-*345brush” any loose particles which were “flaky” or “scaly” before applying the paint; the defendant also told…