Dall v. Certified Sales, Inc.

2011 WL 572387, 73 UCC Rep. Serv. 2d 622 (2011)

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

Dall v. Certified Sales, Inc.

United States District Court for the District of Connecticut
2011 WL 572387, 73 UCC Rep. Serv. 2d 622 (2011)

Facts

David Dall (plaintiff) purchased a boat at auction from Certified Sales, Inc. (Certified) (defendant). As part of the bidding process, Dall submitted a written bid form that stated that the boat was sold “as is,” stated that verbal agreements would not apply to the purchase, and disclaimed all warranties. When Certified delivered the boat to Dall, the boat had damaged engines. Dall filed a lawsuit against Certified, in part claiming that Certified fraudulently induced Dall to purchase the boat, and in part claiming that Certified breached its contract. Dall’s fraud claim was dismissed based on an expired statute of limitations. Dall’s breach-of-contract claim was based on Dall’s allegation that Certified made an oral warranty that the boat had “fresh engines.” A third party, Northern Insurance Co. (Northern) (defendant) filed a motion in limine to exclude any evidence of the alleged oral representations and argued that the parole-evidence rule prohibited that evidence because there was an integrated agreement, meaning a contract in which all the terms of the contract were included in the written contract.

Rule of Law

Issue

Holding and Reasoning (Martinez, 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 812,000 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 812,000 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 812,000 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

Sales

Key Terms