McNamara v. Nomeco Building Specialties, Inc.
United States District Court for the District of Minnesota
26 F.Supp.2d 1168 (1998)
Relevant factsFree
The McNamaras (plaintiffs), renovating their lake home, asked Nomeco Building Specialties, Inc. (defendant) to recommend a bay window that would not fog over. Nomeco's sales representative recommended a window and verbally guaranteed it would not fog, but after installation it fogged just like the old one. The McNamaras sued under the Magnuson-Moss Warranty Act for breach of that verbal warranty, and Nomeco moved to dismiss or for summary judgment on the ground that the Act did not cover a purely verbal, unwritten warranty.
IssueFree
Whether an implied warranty must be accompanied by a written warranty to be actionable under the Magnuson-Moss Warranty Act.
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