Walker owned several pizza parlors that operated under the name of El Fredo Pizza, Inc. He planned to open a new parlor and to purchase a new oven. When a friend suggested that Walker purchase an oven from the Roto- Flex Oven Co., Walker contacted an agent from that company and negotiated the purchase of a new oven. Walker made clear the particular purpose for which he was buying the oven— to cook pizza— and that he was relying on the agent’s skill and judgment in selecting a suitable oven. Based on the agent’s suggestion, Walker contracted to purchase a custom- built, Roto- Flex “ Pizza Oven Special.” Once the oven was installed, Walker had nothing but trouble— uneven heating— which caused the pizza to be improperly cooked when it came out of the oven. Roto- Flex attempted to fix the oven but could not. El Fredo brought action against Roto- Flex for breach of the implied warranty of fitness for a particular purpose. Should El Fredo be successful? ( El Fredo Pizza, Inc. v. Roto- Flex Oven Co., 291 N. W. 2d 358)

  • CreatedSeptember 15, 2015
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