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Products Liability Keyed Owen, 8th Ed.
Dorman v. International Harvester Co.
Citation:
120 Cal. Rptr. 516 (1975)Facts
On November 3, 1968, William Dorman entered into a “Retail Instalment Conditional Sales Contract” with International Harvester to purchase a new tractor and backhoe for $12,912.26 for use in his earth-grading business. From the day of delivery on November 4, 1968, Dorman experienced problems with the tractor. The equipment broke down repeatedly between November 7, 1968, and August 21, 1969, requiring multiple returns to I.H. for repairs. The sales contract contained a disclaimer provision that purported to exclude implied warranties of merchantability and fitness for particular purpose, which the trial court deemed sufficiently conspicuous to be valid. The contract also referenced a “standard printed warranty” that Dorman claimed he never received at the time of signing. After continued problems with the equipment, Dorman sent a notice of rescission and breach of warranty on August 13, 1969, and filed suit on December 19, 1969.
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