4. Express Warranties. FACTS: Ronald Anderson, Jr., aself?employed construction contractor, went to a Home Depot storeto buy lumber for a construction project. It was raining, soAnderson bought a tarp to cover the bed of his pickup truck. Tosecure the tarp, Anderson bought a bag of cords made by BungeeInternational Manufacturing Corp. The printed material on theBungee bag included the words “Made in the U.S.A.” and “PremiumQuality.” To secure the tarp at the rear of the passenger’s side,Anderson put one hook into the eyelet of the tarp, stretched thecord over the utility box, and hooked the other end in the drainagehole in the bottom of the box. As Anderson stood up, the upper hookdislodged and hit him in the left eye. Anderson filed a suit in afederal district court against Bungee and others, alleging in partbreach of express warranty. Anderson alleged that the labeling onthe bag of cords was an express warranty that “played some role in[his] decision to purchase this product.” Bungee argued that, inregard to the cords’ quality, the statements were puffery. Bungeefiled a motion for summary judgment on this issue. ISSUE: Will thecourt grant the motion? Why or why not? RESOLUTION: [Anderson v.Bungee International Manufacturing Corp., 44 F.Supp.2d 534(S.D.N.Y. 1999)] How did the court answer the questions? What didthe court decide? EXPLANATION-Do you agree with the court? Why orwhy not? Can you change any facts to give a different result?
