Golden v. Den-Mat Corp.

How courts have described this case

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

• \A seller's representations that goods are 'first rate' or 'the finest around' are examples of sales talk or puffing that would not create an express warranty.\
• timeliness of consumer’s notice is a jury question when merchant does not claim prejudice
• “A plaintiff may assert some available theories but not others. And the plaintiff may pick and choose at his or her discretion so long as the defendant has been fairly apprised of the circumstances.”
• \A plaintiff may assert some available theories but not others. And the plaintiff may pick and choose at his or her discretion so long as the defendant has been fairly apprised of the circumstances.\
• A party asserting an affirmative defense \has an obligation to come forward with evidence on summary judgment that would allow a jury to find those facts necessary to show\ the defense applies.
• A party asserting an affirmative defense \has an obligation to come forward with evidence on summary judgment that would allow a jury to find those facts necessary to show\ the defense applies.

Source: CourtListener parenthetical corpus (CC0).