American Aerial Services v. Terex USA

39 F. Supp. 3d 95 (2014)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

American Aerial Services v. Terex USA

United States District Court for the District of Maine
39 F. Supp. 3d 95 (2014)

RW

Facts

Largely on the strength of a Terex USA, LLC (Terex) (defendant) data sheet’s representations, American Aerial Services, Inc. (American) (plaintiff) decided to buy a $615,000 Terex crane from Terex’s local dealer, Empire Crane Company, LLC (Empire) (defendant). The bottom of the advertising sheet’s front page carried a small-print disclaimer of any warranties concerning the crane’s lifting capacity. The middle of a paragraph on the back of the sheet stated that, other than a standard written warranty pertaining to the particular product and sale, Terex made no express or implied warranties concerning the crane. The one-page sales contract between American and Empire made no mention of warranties, warranty limitations, or warranty exclusions. The crane’s many defects and limited lifting capacity became apparent soon after American’s purchase. American sued Terex and Empire in state court, which transferred the case to the local federal court. Terex and Empire denied that the crane was subject to any express or implied warranties and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Levy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 807,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 807,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 807,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms

Related Videos