Man Engines & Components, Inc. and Man Nutzfahrzeuge Aktiengesellschaft v. Doug Shows

How courts have described this case

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

• holding that a downstream purchaser “cannot obtain a greater warranty than that given to the original purchaser”
• holding that party’s failure to raise affirmative defense in pre-trial pleadings precluded it from raising issue on appeal
• holding that express-disclaimer argument first raised in Motion for JNOV and 2 Entry of Take-Nothing Judgment was waived because Tex. R. Civ. P. 94 requires that affirmative defenses be raised before trial
• holding defense of disclaimer “is one of avoidance, rather than a defense in denial”
• noting that this principal applies whether the consumer bought the product new or used
• explaining that affirmative defenses must be “properly raised in pretrial pleadings[]”

Source: CourtListener parenthetical corpus (CC0).