Poultney's Heirs v. Ogden

How courts have described this case

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

• holding that safety, reliability, operability, and substantial freedom from defects are independent grounds for demonstrating unmerchantability
• noting that 25 “situations where a defect’s symptoms were persistent and could not be addressed through repair or replacement of an isolated component” can satisfy unmerchantability
• noting that “the 5 seller must be given an opportunity to repair and replace the product” before a repair and replace 6 is considered to have failed its essential purpose
• finding third-party 21 beneficiary exception to privity requirement applied to plaintiff who purchased a car from 22 a dealership and subsequently brought suit against the manufacturer for a defect
• noting damages for breach of warranty for defect in vehicles “will be measured by the 26 diminution in value between the vehicles as warranted and the vehicles as sold”
• noting the Clemens decision does 2 not address Gilbert or the third-party beneficiary exception

Source: CourtListener parenthetical corpus (CC0).