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Doug Connor, Inc. v. Proto-Grind, Inc.

Florida District Court of Appeal
761 So.2d 426 (2000)


Facts

Proto-Grind, Inc. (defendant) sold a commercial grinding machine capable of grinding large pieces of wood into mulch. Proto-Grind’s brochure said the grinder was capable of grinding timber and stumps, but the brochure did not specify what types of wood the grinder could handle. Doug Connor (plaintiff) was interested in purchasing the grinder for use in his land-clearing business. Connor spoke with Proto-Grind’s president and purchased the grinder. The grinder did not work for Connor’s purposes, and Connor sued Proto-Grind for breach of express warranty. Connor claimed that he specifically told Proto-Grind’s president that Connor planned to use the grinder for land clearing in Florida, which required grinding palmetto trees and palm trees. Connor alleged that Proto-Grind’s president assured Connor that the grinder would be satisfactory for clearing land in Florida and would grind palmetto trees and palm trees. Connor presented evidence that the grinder could successfully mulch palm trees only half the time. The trial court held that the alleged representations from Proto-Grind were only puffery and did not constitute an express warranty. The court dismissed Connor’s express-warranty claim, and Connor appealed.

Rule of Law

Issue

Holding and Reasoning (Peterson, J.)

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