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Dorman v. International Harvester Co.

120 Cal. Rptr. 516 (1975)

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Dorman v. International Harvester Co.

Court of Appeal of California

120 Cal. Rptr. 516 (1975)

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.)

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