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Superior Court Enters Judgment in Favor of Defendant on Grounds that Defendant did not Breach Contract Where Plaintiff Waived Express and Implied Warranty that Material was Fit for Intended Use.

Freudenberg Spunweb Company v. Fibervisions L.P., C.A. No. 04C-03-073 (FSS), 2006 WL 1064173 (Del. Super. Ct. Mar. 27, 2006) Plaintiff sued Defendant for breach of contract claiming raw materials provided by Defendant to Plaintiff's customers were defective. Defendant agreed to provide polypropylene staple fiber for Plaintiff's state-of-the-art factory, but the raw materials routinely clogged the machinery. Plaintiff sought more than $10 million in damages. Following a bench trial, the Court entered judgment in favor of the Defendant, on the grounds that the contract specified a particular fiber (T-196(R)), not a particular grade of fiber. Accordingly, the Plaintiff was entitled to receive only good quality T-196(R) that was free from defects. Authored by: Jason C. Jowers 302-888-6860 jjowers@morrisjames.com