McCurdy v. Texar, Inc.
Florida District Court of Appeal
575 So.2d 299 (1991)
Relevant factsFree
McCurdy (plaintiff) bought a boat manufactured by Texar, Inc. (Texar) (defendant) and sued under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2310(d), alleging the boat was defective; no written warranty had accompanied the sale. The trial court held the Act was unavailable to McCurdy because it applies only where a written warranty exists and does not extend to breach of implied warranties, and McCurdy appealed.
IssueFree
Whether the purchaser of a consumer product may sue for breach of implied warranties under the Magnuson-Moss Act.