Crysco Oilfield Services, Inc. v. Hutchinson-Hayes Int'l, Inc.

913 F.2d 850 (10th Cir. 1990)

 

RULE:

U.C.C. Section 2-315 distinguishes between an ordinary purpose giving rise to an implied warranty of merchantability and a particular purpose giving rise to an implied warranty of fitness for a particular purpose.

FACTS:

Defendant appealed judgment of the District Court denying motion for directed verdict on claim of breach of implied warranty of fitness for particular purpose. Defendant supplied plaintiff with machinery, which did not function well. Plaintiff sued defendant for breach of an implied warranty of fitness for a particular purpose and for violation of the Oklahoma Consumer Protection Act.

ISSUE:

Whether Section 2-315 required a particular purpose or use separate from the general or ordinary use of the product?

ANSWER:

Yes.

CONCLUSION:

The court reversed the jury verdict, remanding case and holding that a directed verdict for defendants was appropriate. The court held that section 2-315 required a particular purpose or use separate from the general or ordinary use of the product. Plaintiff used the machines in the normal, general manner that the machines were typically used and made no claim. The trial court erred in not granting a directed verdict. 

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