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Boboli co. wanted to promote its California style pizza, which is sold in supermarkets. The company contracted with highland group inc., to produce 2 million
- Boboli co. wanted to promote its "California style" pizza, which is sold in supermarkets. The company contracted with highland group inc., to produce 2 million recipe brochures, which would be inserted in the carton when the freshly baked pizza was still very hot. Highland contracted with comark merchandising to print the brochures. But when comark asked for details concerning the pizza, the carton, and so forth, highland refused to supply the information. Comark printed the first lot of 72,000 brochures, which highland delivered to boboli. Unfortunately, the hot break caused the ink to run, and customers opening the carton found red or blue splotches on their pizzas. Highland refused to accept additional brochures, and comark sued for breach of contract. Highland defended by claiming comark had breached its warranty of merchantability. Please comment.
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