Delo Auto Supply, Inc. v. Tobin

The plaintiff, an auto parts distributor, has brought this action to recover, the purchase price of a clutch disc lining sold to "defendant for use in a Mack truck. The defense is an alleged breach of an implied warranty of fitness, with a counterclaim for damages. The parties regard this as a test case in the auto parts business.

From the evidence I find the facts to be as follows: Plaintiff is a large distributor óf parts and equipment for automobiles and trucks. Defendant is engaged in the trucking business and operates a number of Mack trucks. The clutch disc lining having worn out in one…