Old Albany Estates, Ltd. v. Highland Carpet Mills, Inc.

DOOLIN, Justice:

Challenged here is a judgment for defendant in an action for damages for breach of implied warranties of merchantability and fitness for the particular purpose intended under the Uniform Commercial Code 1 in a sale of carpet.

Plaintiff purchased carpet for an apartment complex through an interior decorator, Lehman. Lehman in turn contracted with defendant for the purchase specifying details such as color and quality. Defendant did not mention or disclaim any warranties at the time of the order.

Sometime after the carpet was installed it became apparent the carpet was defective.…