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Contracts Keyed to Ayres
Coursey v. Caterpillar, Inc.
Citation:
1995 WL 492923.Facts
Plaintiffs purchased a new Peterbilt truck, which had an engine made by the Defendant. It was shipped from defendant to Peterbilt. Peterbilt installed the engine in the truck. The engine had an operations manual and a warranty, which was placed in the truck’s glove compartment and was there when plaintiffs purchased the truck. Plaintiff testified that the manual and warranty were in the truck and that he had looked over them. The warranty contained a section, which explained that the defendant would provide new or repaired parts and the labor hours to fix the product and that they were not responsible for incidental or consequential damages. After plaintiffs’ purchased the engine, its cooling system malfunctioned. Defendant’s agent attempted to repair at no cost to the plaintiffs. During the period that the truck was out of service, plaintiff claimed that it interfered with their hauling schedule. Plaintiffs claim that due to lack of income they were forced to sell the truck and then sued the defendant.
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