1. A dissenting opinion in this case argued that Jerry Schuster did carry on his father’s business and should be liable for obligations of the continued business. Does that strike you as reasonable? Shouldn’t a warranty be valid so long as the business that provided the warranty is still operating?
2. If Jerry Schuster changed the name of the business, but still used the tools and equipment he inherited from his father, how would that impact your analysis of this case?

James Schuster was a sole proprietor doing business as Diversey Heating and Plumbing (Diversey) and contracted with Vernon to install and maintain a boiler in his building. Schuster also promised Vernon a 10-year warranty. Schuster performed the services for a period three years, but died in October After Shuster died, his son Jerry Schuster began to operate Diversey and servicing Diversey customers. In February 1994, Vernon discovered that the boiler was broken beyond repair and needed to be replaced. Vernon brought a breach of warranty lawsuit against Jerry Schuster on the basis that he had continued the sole proprietorship that his father had started and therefore Jerry Schuster should honor the warranty given by James Schuster.

  • CreatedNovember 06, 2014
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