Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

Exercise 18

Lewis and Sims, a contracting corporation, was installing a water and sewer system in the town of North Pole, Alaska. The order for the pipe stated the size and quantity and specified that the pipe had to be "coal tar enamel lined." The pipe could not withstand the intense cold, and before the pipelines could be constructed, the enamel lining had pulled away from the pipe. Lewis and Sims then sued the suppliers of the original pipe for damages for breach of warranty of fitness for a particular purpose. Can it recover? [ Lewis and Sims, Inc. v Key Industries, Inc., 557 P2d 1318]