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Contracts Keyed to Murphy
Leonard Pevar Co. v. Evans Products Co
Facts
Plaintiff contended that the contract was oral and that no mention of limitation of liability and warranty disclaimers were made. Plaintiff sent a written purchase order to Defendant, who replied by sending an acknowledgment of the order to Plaintiff, which contained boilerplate language of warranty disclaimer on the back of the document. Plaintiff contended that no disclaimer of warranty was made and brought suit for its losses. Defendant disagreed. Both parties brought Motions for Summary Judgment and the court remanded based on the fact that there was a genuine issue of material fact to be considered.
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