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Barb v. Wallace

Court of Special Appeals of Maryland

412 A.2d 1314 (1980)

Relevant factsFree

16-year-old George Barb (plaintiff) told seller Robert Wallace he wanted a used gas engine to power a go-cart and mentioned he was taking a car-mechanics class working on small engines. Wallace assured Barb the engine would work for a go-cart because of its shaft placement and that it "ran good." The engine exploded when Barb tried to start it, injuring him. Barb sued for breach of the implied warranty of fitness for a particular purpose; Wallace argued Barb's own mechanical training meant Barb's judgment was at least as good as his own, so Barb could not have relied on him. The trial court granted Wallace summary judgment.

IssueFree

Whether a seller who has reason to know a buyer needs goods for a particular purpose, and who knows the buyer is relying on the seller's skill or judgment to select suitable goods, impliedly warrants that the goods are fit for that purpose.

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