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Patty Precision Products Co. v. Brown & Sharpe Manufacturing Co.

United States Court of Appeals for the Tenth Circuit

846 F.2d 1247 (1988)

Relevant factsFree

Patty (plaintiff) bought machines with GE (defendant) electronic controls through distributor Brown (defendant), and when the machines malfunctioned, Patty sued both for breach of the implied warranty of merchantability; the trial court admitted evidence of a warranty disclaimer between GE and Brown limiting warranties to Brown alone, and on that basis entered judgment for GE while Patty prevailed against Brown. Patty moved for a new trial, arguing the disclaimer evidence should have been excluded as irrelevant to its own claim against GE, and appealed after denial.

IssueFree

Whether a warranty disclaimer between a manufacturer and a distributor applies to a consumer if the warranty disclaimer was not disclosed to the consumer.

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