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Barb v. Wallace

Court of Special Appeals of Maryland
412 A.2d 1314 (1980)


Facts

George Barb (plaintiff), who was 16 years old, bought a used gas engine from Robert Wallace. Barb told Wallace that he planned to use the engine in a go-cart. Barb also told Wallace that he was taking a car-mechanics course in which he had worked on small engines. Wallace told Barb that the engine could be used in a go-cart because the “shaft was out the side of the engine” and the engine “ran good.” When Barb tried to start the engine, it exploded, causing him injury. Barb sued Wallace for breach of the implied warranty of fitness for a particular purpose. Wallace argued that because Barb was taking a class on small engines, Barb’s skill and judgment were at least as good as Wallace’s. The trial court granted Wallace summary judgment. Barb appealed.

Rule of Law

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Issue

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Holding and Reasoning (Couch, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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