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GREENVILLE COM. HOTEL CORP. v. SMITH

November 7, 1956

GREENVILLE COMMUNITY HOTEL CORPORATION, RESPONDENT,
v.
ALEXANDER SMITH, INCORPORATED, APPELLANT.



The opinion of the court was delivered by: Legge, Justice.

November 7, 1956.

Greenville Community Hotel Corporation, owner and operator of the Poinsett Hotel in Greenville, South Carolina, brought this action against Alexander Smith, Inc., to recover damages for alleged breach of warranty in respect of certain carpeting purchased for use in said hotel. Defendant appeals from an order permitting amendment of the complaint before trial.

Following are the allegations of the complaint, condensed as far as possible:

1. Plaintiff, a South Carolina corporation, owns and operates the Poinsett Hotel in the city of Greenville.

2. Defendant, a corporation having its principal place of business in Yonkers, N.Y., and also doing business and maintaining a resident agent in Greenville County, is a large producer and seller, of carpeting.

3. In December, 1950, plaintiff ordered and purchased from defendant a large quantity of green carpeting for use in the plaintiff's hotel, such carpeting having been ordered as the carpeting manufactured by the defendant and in reliance upon defendant's representations that it was of first quality and color fast.

4. For satisfactory service in a hotel carpeting of good quality is required, and carpeting of inferior quality or the colors in which are not fast is substantially worthless to plaintiff. The carpeting ordered and purchased by plaintiff from defendant in December, 1950, was contracted for directly between plaintiff and defendant, but in accordance with the latter's sales policy the order cleared through one of its sales outlets as broker.

5. In selling the said carpeting in December, 1950, defendant, fully knowing plaintiff's needs, represented and warranted that the carpeting so purchased by plaintiff was of defendant's own manufacture, of good quality and fast color, and entirely suitable to plaintiff's needs; and plaintiff made the purchase in reliance upon such representations and warranty.

6. As the purchase price of the aforementioned carpeting, plaintiff paid to defendant through the latter's broker two thousand seven hundred forty ($2,740.00) dollars, which was the full price charged by defendant to large purchasers such as the plaintiff for carpeting fully complying with the representations and warranties aforesaid.

7. Upon receipt of the carpeting so purchased, plaintiff paid the freight charges thereon, amounting to approximately sixty-eight ($68.00) dollars, and had the carpeting laid in a number of its hotel rooms and in one of its corridors at a further cost of approximately two hundred fifty ($250.00) dollars.

8. Notwithstanding the fact that the carpeting so purchased received exceptionally good care at the hands of the plaintiff and was periodically cleaned with approved materials and by approved methods, said carpeting, which plaintiff is now informed and believes had been manufactured by someone other than the defendant, soon began to fade and proved wholly unsuitable for the needs and purposes of the plaintiff, in consequence whereof plaintiff has been required at heavy expense to replace it with other new carpeting.

9. Carpeting of the grade purchased by the plaintiff and as represented and warranted by the defendant should last ten or twelve years at least; but the carpeting delivered by the defendant to the plaintiff as aforesaid became wholly unusable after approximately two years.

10. In an effort to be cooperative with the defendant, the plaintiff left some of the defective carpeting in place longer than it would have otherwise, so that it might be inspected by the defendant; and the presence of such faded, defective carpeting adversely affected the reputation of plaintiff's hotel.

11. The defendant, after having inspected the defective carpeting, recognized and admitted its defective condition and paid to the plaintiff six hundred eighty-two and 50/100 ($682.50) dollars, which plaintiff accepted on account, but ...


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