Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 6

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)