The plaintiff contracted with the defendant to construct a sewer 8,553 feet in length. The specifications supplied by the county engineer indicated that the construction could be carried on under "free air conditions." In fact, the plaintiff was forced to use compressed air for 6,142 feet. The contract stipulated that the county would pay $30 additional per foot where the plaintiff found it more convenient to use compressed air, not to exceed 600 feet. The use of compressed air increased the cost of construction to the plaintiff to the extent of $497,521.25. Held, that the county was liable for breach of an implied warranty. Montrose Contracting Co. v. Westchester County, (C. C. A. 2d, 1938) 94 F. (2d) 580, certiorari denied 304 U. S. 561, 58 S. Ct. 943 (1938).
Arthur A. Greene Jr.,
MUNICIPAL CORPORATIONS - LIABILITY FOR MISREPRESENTATION,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss5/18