Community Television Services (CTS) hired Dresser to design and build a 2,000-foot antenna tower in South Dakota for $385,000. The contract contained technical specifications warranting that the tower would withstand winds of 120 mph. During negotiations, Dresser had given CTS a sales brochure that stated: "Wind force creates the most critical loads to which a tower is normally subjected. When ice forms on the tower members, thereby increasing the surface area resisting the passage of wind, the load is increased. Properly designed towers will safely withstand the maximum wind velocities and ice loads to which they are likely to be subjected. Dresser.can make wind and ice load recommendations to you for your area based on U.S. Weather Bureau data. In the winter, loaded with ice and hammered repeatedly with gale force winds, these towers absorb some of the roughest punishment that towers take anywhere in the country.yet continue to give dependable, uninterrupted service." The tower was built according to the contract's technical specifications. Six years later the tower collapsed during an 80- mph blizzard.
Is Dresser liable for breach of an express warranty? [Community Television Services v. Dresser, 586 F.2d 637, 8th Cir. (1978)]