Schulz v. Honsador, 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 “[a]n action for breach of warranty clearly is in the nature of as-sumpsit, inasmuch as a warranty arises from the contractual relationship between buyer and seller”
• nature of right or claim is determined from facts stated, issues raised, and allegations contained in pleadings
• “Assumpsit is a common law form of action which allows for recovery of damages for the non-performance of a contract, either express or implied, written or verbal, as well as quasi contractual obligations.”
• “An action for breach of warranty clearly is in the nature of assumpsit, inasmuch as a warranty arises from the contractual relationship between buyer and seller, and a breach of warranty constitutes a breach of contract.”
• \[a]n action for breach of warranty clearly is in the nature of assumpsit\
• breach of warranty constitutes a breach of contract

Source: CourtListener parenthetical corpus (CC0).