Contracts Keyed to McCaulay
Hunt v. Perkins Machinery Co., Inc.
Hunt bought a Caterpillar tractor engine from Perkins Machinery Company (Perkins) that disclaimed all warranties, including warranty of merchantability and warranty of fitness of particular purpose, listed within 11 paragraphs under a bold-faced “TERMS AND CONDITIONS.” The tractor engine emitted black smoke and Hunt was unable to repair the defect on several occasions, Hunt also never read the terms and conditions. Hunt sued Perkins for breach of the implied warranty of merchantability and implied warranty of fitness for particular purpose. The trial court granted judgment to Hunt and Perkins appealed.
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