McInnis purchased a tractor and scraper as new equipment of the current model year from Western Tractor

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McInnis purchased a tractor and scraper as new equipment of the current model year from Western Tractor & Equipment Co. The written contract stated that the seller disclaimed all warranties and that no warranties existed except those stated in the contract. Actually, the equipment was not the current model but that of the prior year. The equipment was not new but had been used for 68 hours as a demonstrator model, after which the hour meter had been reset to zero. The buyer sued the seller for damages. The seller’s defense was based on the ground that all liability for warranties had been disclaimed. Was this defense valid? [McInnis v Western Tractor & Equipment Co., 388 P2d 562 (Wash)]

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Andersons Business Law and the Legal Environment

ISBN: 978-0324786668

21st Edition

Authors: David p. twomey, Marianne moody Jennings

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