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Remedies Keyed to Tabb, 8th
Clark v. International Harvester Co.
Citation:
581 P.2d 784 (1978)Facts
Raymond Clark operated a custom farming business in Twin Falls, Idaho, and purchased a Model 1466 International Harvester turbo-diesel tractor from McVey’s on January 7, 1972, taking delivery on January 28, 1972. The tractor was equipped with a torque amplifier transmission system. Between April 1972 and May 1973, the tractor experienced several breakdowns due to bent or broken push rods, resulting in eleven and one-half days of lost work, though McVey’s repaired these problems under warranty. In fall 1973, more than eighteen months after purchase, Clark noticed significant power loss while preplanting, making the tractor economically impractical to operate that season. Clark investigated renting a substitute tractor but found it too expensive. He was able to use the tractor on a limited basis for fourteen days in spring 1974, but only at reduced speed covering eight acres per hour instead of the expected twelve. Clark hired Dr. Rudolf Limpert, a mechanical engineering professor, who diagnosed the problem as eccentric wear in a clutch shaft causing oil leakage and hydraulic pressure loss in the torque amplifier assembly. The sales contract included a “New Equipment Warranty” limiting remedies to repair or replacement of defective parts within twelve months and disclaiming other warranties and consequential damages.
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