Dorman v. International Harvester Co.

120 Cal. Rptr. 516 (1975)

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.

Dorman v. International Harvester Co.

Court of Appeal of California
120 Cal. Rptr. 516 (1975)

SC

Facts

William Dorman (plaintiff) bought a tractor from International Harvester Company (IHC) (defendant). As part of the purchase, Dorman signed a Retail Installment Conditional Sales Contract. The contract contained a disclaimer of the implied warranties of merchantability and fitness for a particular purpose. The disclaimer was below and in slightly larger print than the terms-of-payment paragraph. The disclaimer was also immediately above the signature line. The disclaimer stated that only IHC’s standard printed warranty would apply. IHC did not provide its standard printed warranty to Dorman. The disclaimer also stated that “no other warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose shall apply.” Only the phrase “merchantability and fitness for a particular purpose shall apply” was italicized. Dorman’s tractor broke down several times and continually needed maintenance. Dorman sued IHC for breach of the implied warranties of merchantability and fitness for a particular purpose. The trial court entered judgment notwithstanding the verdict in favor of IHC. Dorman appealed.

Rule of Law

Issue

Holding and Reasoning (Stephens, 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 810,000 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 810,000 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 810,000 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

Products Liability

Key Terms