(DOWNLOAD) "Mcghee v. Gmc Truck & Coach Division" by Court of Appeals of Michigan ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mcghee v. Gmc Truck & Coach Division
- Author : Court of Appeals of Michigan
- Release Date : January 02, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Robert L. McGhee purchased a used GMC truck tractor from GMC Truck & Coach Division, a division of General Motors Corporation
(GMC). McGhee, an experienced mechanic, was attempting to remove the tractor's transmission for repair and in doing so tilted
the tractor's cab forward using the tractor's cab-tilting mechanism. The cab fell from the frame to the ground and sustained
substantial damage. A subsequent inspection revealed that the cab frame had previously broken and been repaired and that those
repairs had apparently failed prior to McGhee's purchase of the tractor. McGhee brought an action for damages against GMC
claiming breach of express and implied warranties, fraud and negligence. The Wayne Circuit Court, John Cozart, Jr., J., granted
summary judgment in favor of the defendant. McGhee appeals. Held : 1. The documents of sale of the tractor contain disclaimers of warranty which comply with statutory requirements for such
disclaimers and therefore preclude holding the defendant liable for any breach of implied warranties of merchantability or
of fitness for an intended purpose.
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