Burnham v. Mark IV Homes, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the sale of modular homes constituted “transactions in goods” because the units were “movable at the time of identification to the contract for sale”
• holding manufacturer subject to breach of implied warranty of merchantability claim for sale of home with defective roof
• breach of implied warranty of merchantability constitutes unfair or deceptive act or practice under state regulation
• “a plaintiff may not recover for damages that were avoidable by the use of reasonable precautions on his part”
• “a plaintiff may not recover for damages that were avoidable by the use of reasonable precautions on his part”
• defendant liable for actual damages under Mass.Gen.Laws ch. 93A, § 9 even in absence of willful or knowing violation of the statute or bad faith

Source: CourtListener parenthetical corpus (CC0).