Five months later, the paint began to peel, flake, and blister. Catania brings an action against Brown. Decision?
Catania wished to paint the exterior of his house. He went to Brown, a local paint store owner and asked him to recommend a paint for the job. Catania told Brown that the exterior walls were stucco and in a chalky, powdery condition. Brown suggested Pierce’s shingle and shake paint. Brown then instructed Catania how to mix the paint and how to use a wire brush to prepare the surface. Five months later, the paint began to peel, flake, and blister. Catania brings an action against Brown. Decision?
In such a case, Individual B had a reason to recognize the specific purpose of Individual C. Individual B was also fully aware of the fact that Individual C was relying on Individual B's judgment skills to select the right product. So, an implied warranty, based on fitness for a specific purpose, applies to the sale of the product.
Under the implied warranties of fitness, Individual C is going to prevail in this case. Individual B, as a seller, was aware of all the facts and assisted in selecting the product.