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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.