Hunt v. Perkins Machinery Co., Inc.

Hunt (plaintiff), a fisherman, bought a Caterpillar diesel engine through Perkins Machinery Co. (Perkins) (defendant), signing a purchase order whose front referenced "TERMS AND CONDITIONS" in bold capital letters without specifying they were located on the back, where 11 paragraphs (also headed "TERMS AND CONDITIONS" in bold capitals) disclaimed all implied warranties. Hunt never had a chance to read the reverse side before receiving his mailed copy of the fully executed order, and the purchase order was part of a notepad, meaning the back side wasn't readily visible at the point of sale. After the boat's engine emitted heavy black smoke and Perkins failed to fix it despite ten repair attempts, Hunt sued for breach of the implied warranties of merchantability and fitness; the trial judge denied Perkins's motion for a directed verdict based on the disclaimer, and Perkins appealed.