Van Den Broeke v. Bellanca Aircraft Corp.

Van Den Broeke (plaintiff) bought a crop-duster airplane from Bellanca (defendant) based on Bellanca's advertisements for that use, and only after delivery received a written warranty certificate disclaiming all implied warranties and consequential damages, along with a postcard to be returned to activate the warranty; the postcard he returned contained none of the disclaimer language and didn't incorporate it by reference. After mechanical problems caused business losses, Van Den Broeke sued for breach of implied warranties and negligent design, and the district court granted Bellanca summary judgment based on the express disclaimers.