Business Law 4th Edition by David Twomey,Marianne Jennings

Exercise 11

Drehman Paving Flooring Co. installed a brick floor at Cumberland Farms that its salesman promised would be "just like" another floor Cumberland had installed several years earlier. The bricks in the new floor came loose because Drehman had failed to install expansion joints. Expansion joints were not included in the second floor contract but were part of the first. Can Cumberland recover? Under what theory? [Cumberland Farms, Inc. v Drehman Paving Flooring Co., 520 NE2d 1321 (Mass Ct App)]