Fisci

The appeals in these two cases from summary judgments in favor of the respective defendants were 'consolidated for hearing.

Questions Presented:

1. Does a contractor’s compliance with plans and specifications furnished by the owner preclude any implied warranty which would have required a deviation from such plans and specifications?

2. Was there an absence of notice of the claimed breach of warranty?

Record:

The complaint in the action (3 Civil No. 12177) against Fisci Bros, and Frank Fisci alleged that plaintiff and Fisci Bros, and Frank Fisci entered into a contract in writing whereby the latter agreed to provide the framing and carpentry for the erection of a certain apartment building for plaintiff in a good and workmanlike manner; that the latter were to install and frame the supporting timbers and covering for the roof of the apartments; that they were specialists in this work and that plaintiff relied upon them to perform the work; that they did complete the framing and carpentry on the roof and impliedly warranted to plaintiff that the roof was fit to protect the apartments below against rain and other elements. Plaintiff relied upon said warranty; however,…