Hunt v. PERKINS MACHINERY CO. INC.

How courts have described this case

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

• smoking marine engine which could not be repaired after persistent efforts by seller was non-merchantable
• distinguishing Roto Lith because the disclaimer in question did not contain the \reverse side\ specification
• finding breach of implied warranty of merchantability where plaintiff purchased a boat engine from defendant manufacturer which gave off excessive amounts of smoke and defendant could not remedy the problem after many efforts
• continued smoking of marine diesel engine sufficient proof of breach of warranty of merchantability
• disclaimer on reverse side, concealed because on a carbon pad when signed, no reference on front to terms on back, and buyer’s first opportunity to see reverse side was when contract was returned to him after being accepted by the seller
• interpreting § 2-316 of Uniform Commercial Code

Source: CourtListener parenthetical corpus (CC0).