(Download) "Eastern Mountain Platform Tennis Inc. v. Sherwin-Williams Co." by United States Court of Appeals for the First Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Eastern Mountain Platform Tennis Inc. v. Sherwin-Williams Co.
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 28, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
CARTER, Chief District Judge. This action arose from the sale of a paint system recommended by Defendant, The Sherwin-Williams Company (""Sherwin-Williams""), to Plaintiff, Eastern Mountain Platform Tennis, Inc. (""EMPT""), for use in producing platform tennis courts. Sherwin-Williams' representative David Shelley (""Shelley"") recommended a paint system to EMPT after EMPT informed Shelley that it would not change products unless the new system met or exceeded the performance of the paint system it had used previously. The Sherwin-Williams system did not perform as well as the system it replaced. In fact, the courts covered with Sherwin-Williams paints began to show signs of wear, with the coating peeling away from the aluminum panels and the courts' surface becoming slick due to loss of aluminum oxide aggregate during the first season of use.1 After a jury trial, the jury entered a verdict in favor of EMPT in the amount of $1,087,000. The special verdict form indicated that the jury found that Sherwin-Williams had violated an express warranty, an implied warranty of fitness for a particular purpose, and the New Hampshire Consumer Protection Act (""CPA"" or ""the Act""). N.H. Rev. Stat. Ann. § 358-A (1993). In addition, the jury found that Sherwin-Williams had willfully or knowingly engaged in unfair or deceptive practices. Pursuant to section 10 of the CPA, the trial Judge doubled the jury verdict. N.H. Rev. Stat. Ann. § 358-A:10 (1993). In addition, the trial Judge awarded prejudgment interest on the amount of the original jury verdict up to the date of entry of the final judgment. N.H. Rev. Stat. Ann. § 524:1-b (1993). ISSUES ON APPEAL