Western Plastics Corp. v. Westinghouse Electric Corp.

Western Plastics Corporation brought this action against Westinghouse Electric Corporation to recover damages for a breach of warranty of quality covering a 25 horsepower adjustable voltage drive manufactured by Westinghouse and sold to Western Plastics f.o.b. Buffalo, New York. The jury returned a verdict for Western Plastics and against Westinghouse in the amount of $5,686.02. The trial court sustained the motion of Westinghouse for a new trial and Western Plastics has appealed.

Western Plastics is engaged in the business of manufacturing plastic pipe varying in diameter from % to 6 inches.…