Hurricane Steel Industries Co. v. Maurice Pincoffs Co.

TUNKS, Chief Justice.

In January, 1967, Hurricane Steel Industries Co., hereinafter called “Hurricane,” ordered approximately 4,000 metric tons of steel wire rod from Maurice Pincoffs Company, hereinafter called “Pincoffs.” The sale was by sample so that an express warranty that the goods should conform to the sample was created. Sec. 2.313, U.C.C., V.T.C.A. The rod was used in the manufacture of woven wire fence. The purchase price was $4.85 per hundred weight.

Soon after Hurricane began processing the rod, on April 26, 1967, it complained to Pincoffs that the rod was “substandard” and gave…