Massey-Ferguson, Inc. v. Utley

Utley (defendant) bought a Massey-Ferguson (plaintiff) combine from a dealer, with a Massey factory employee present at the sale and the sales contract itself created from Massey-supplied blank forms; the back of the contract, in the same size and typeface as its other provisions, disclaimed all implied warranties, and Utley agreed not to raise defenses against an assignee that he could have raised against the dealer. The dealer immediately assigned the contract to Massey. When Utley stopped paying, Massey sued for the balance, and Utley defended on breach of the implied warranties of merchantability and fitness for a particular purpose; the jury found for Utley and dismissed the action, and Massey appealed.