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Cuchine v. H.O. Bell, Inc.

Montana Supreme Court

682 P.2d 723 (1984)

Relevant factsFree

Cuchine (plaintiff) bought a defective truck from Bell (defendant) under an installment contract that Bell assigned to Credit (defendant), and after Bell failed to repair the truck, Cuchine stopped making payments and sued both Bell and Credit for breach of warranty, seeking to rescind the contract; Credit, having reassigned its interest back to Bell, sought dismissal of Cuchine's claims against it, which the trial court granted.

IssueFree

Whether, under the Uniform Commercial Code, a contract party may sue the other party's assignee for the assignor's breach of contract.

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