Question: C&J Publishing Co. told a computer salesman that it wanted a computer system that would operate its printing presses. C&J specified that it wanted only

C&J Publishing Co. told a computer salesman that it wanted a computer system that would operate its printing presses. C&J specified that it wanted only new equipment and no used equipment would be acceptable. The seller delivered a system to C&J that was a combination of new and secondhand parts because it did not have sufficient new parts to fill the order. When C&J later learned what had happened, it sued the seller for fraud. The seller contended that no statement or warranty had been made that all parts of the system were new and that it would not therefore be liable for fraud. Decide.

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