Inez contracted with Filippo Furnaces Co for the installation of a new furnace. Inez selected the furnace she wanted, accepting no suggestions from Filippo Furnaces' heating engineer. The furnace operated fine, but it did not heat the entire house. The
size of the blower on the furnace was too small to accommodate the third floor of the house. Inez sued Filippo Furnaces Co for the breach of the implied warranties of merchantability and fitness. What result?
Inez will lose under both implied warranties. The implied warranty of merchantability was not breached because the furnace was operating according the standards of the heating industry. The implied warranty of fitness was likewise not breached. This warranty requires the seller to know of the buyer's particular purpose and that the buyer is relying on the seller's skill or judgment in recommending a particular product. Here Inez did not ask for or receive any suggestions from the seller or the seller's expert.
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