Delmege vs Freudenberg – clr volume 2 page 146_2

In DELMEGE (Plaintiffs) v. FREUDENBERG (Defendants), the court addressed whether a written contract for the sale of 100 tons of coconut oil in pipes included an express warranty covering both the oil and the pipes or packages used for shipment. It was held that the contract obligated the vendors to deliver good merchantable oil in pipes and packages fit for shipment, thus extending the warranty to both the oil and the containers. This principle was established by interpreting the express terms of the contract and by reference to case law such as Gower v. Von Dedalzen, with emphasis that contractual language determines the scope of warranty, and that merchantable condition must apply to all components involved in shipment. The ruling reaffirmed that commercial obligations require not only t