George Gregory, a competitive shotgun shooter, sent his Winchester Model 21 to Connecticut Shotgun Manufacturing Company (CSM)
Question:
George Gregory, a competitive shotgun shooter, sent his Winchester Model 21 to Connecticut Shotgun Manufacturing Company (CSM) for repairs. While CSM was working on the Model 21, Gregory contacted Lou Frutuoso, one of CSM’s salespersons. Gregory wanted to purchase two Grand American shotguns—a 12-gauge and a 28-gauge—that matched the specifications of his Model 21. Gregory received an order confirmation and terms and conditions for the sale of the two shotguns from CSM. The confirmations included specifications for the guns but did not state in writing that they would match the specifications of Gregory’s Model 21. When the shotguns were delivered, their weights and dimensions were incorrect, according to Gregory, and they did not match the Model 21 specifications. Gregory filed a suit in a Texas state court against CSM, alleging breach of warranty. Because Gregory’s claims about matching specifications contradicted the express terms of the order confirmation, however, the court ruled in CSM’s favor. Did CSM breach an express warranty? Explain your reasoning. [Gregory v. Connecticut Shotgun Manufacturing Co., 2017 WL 511222 (Tex. App.—Tyler 2017)].
Step by Step Answer:
The Legal Environment Today
ISBN: 9780357635636
10th Edition
Authors: Roger LeRoy Miller, Frank B Cross