Wheeler v. Sunbelt Tool Co.

How courts have described this case

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

• noting that “affirmations made during the bargain are presumed to be a part of it unless clear, affirmative proof shows otherwise”
• stating that documents, brochures, and advertisements may constitute express warranties
• generally, where a party concedes an issue below, he cannot dispute the issue on appeal
• “In an action based upon breach 40 of implied warranty . . . it is necessary to show the existence of the warranty, its breach, and proximate cause.” (emphasis added)
• “A description of the product may create an implied warranty of merchantability.”

Source: CourtListener parenthetical corpus (CC0).