· 9/5/1985
Twin Disc, Incorporated, Cross-Appellant v. Big Bud Tractor, Inc., and Third-Party Cross v. Grad-Line, Incorporated, Third-Party
Citations
- 772 F.2d 1329
- 41 U.C.C. Rep. Serv. (West) 1627
- 1985 U.S. App. LEXIS 22882
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that under law of warranty, buyer’s actual knowledge of warranty disclaimer obviates any need to determine whether disclaimer is conspicuous
- explaining that an “explicit course of conduct” qualifies as express assent to warranty provisions where, among other factors, the buyer “invoked the 14 No. 2019AP1575 warranty on many occasions and processed over 210 claims under it”
- no claim in strict liability or negligence for claimed lost profits due to late delivery
- “Section 2-717 . . . allows a buyer to offset breach of contract damages”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Flaum, Pell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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