United States Cast Iron Pipe & Foundry Co. v. Ellis

Citations

• 117 Wash. 601
• 201 P. 900
• 1921 Wash. LEXIS 891

Syllabus

<p>Sales (105) — Implied Wabbanty — Suitability fob Pubpose — Contract — Pebformance. When an article is manufactured for a buyer in accordance with designated specifications, or an article of- a standard kind, well known to the trade, is ordered, there is no implied warranty of reasonable fitness for the intended purpose, even though the seller knows the purpose for which it is intended and it afterwards prove unsuitable therefor.</p> <p>Same (127, 133) — Remedies of Seller — Action foe Price — Defenses — Defect in Goods Sold — Evidence — Sufficiency. In an action to enforce a materialman’s lien for cast iron water pipe furnished a public contractor, the latter is not entitled to set off the expense of replacing joints of pipe which broke after being put in place, where the evidence was not sufficient to justify the conclusion the pipe broke because of defects in manufacture, but rather raised an inference that the breaking was due to method of installation on the steel cross beams supporting it.</p>