Fournier Furniture, Inc. v. Waltz-Holst Blow Pipe Co.

OPINION AND ORDER

JONES, District Judge.

In this diversity action, thé plaintiff seeks recovery because an industrial furnace designed, constructed and installed by the defendant allegedly failed to perform as promised. The defendant moves for summary judgment, claiming that there were no express warranties in the contract between the parties, and that because the contract does not fall within the Uniform Commercial Code, there were no implied warranties. The defendant also asserts that the plaintiffs claim is barred by its misuse of the furnace. Alternatively, the defendant contends that the…