Fairchild Industries v. Maritime Air Service, Ltd.

333 A.2d 313 (1975)

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Fairchild Industries v. Maritime Air Service, Ltd.

Maryland Court of Appeals
333 A.2d 313 (1975)

  • Written by Tammy Boggs, JD

Facts

In 1969, Fairchild Industries (Fairchild) (defendant) leased a helicopter to Maritime Air Service, Ltd. (Maritime) (plaintiff). Under the parties’ lease agreement, Maritime had an option to purchase the aircraft. In 1970, Maritime exercised its option, and the parties signed a purchase agreement. The agreement contained a typewritten provision that the aircraft was being sold in an “as is” condition and that Fairchild was making “no representation or warranties express or implied whatsoever.” Thereafter, Maritime sued Fairchild for breach of the implied warranties of merchantability and fitness, among other claims. The suit, which was originally filed in state court, was removed to federal district court. Fairchild filed a motion to dismiss. The district court certified a question to the Maryland Court of Appeals involving whether any part of the Uniform Commercial Code (UCC) § 2-316(2), which contains certain requirements for disclaiming implied warranties, applied to the manner of excluding implied warranties under § 2-316(3)(a). The state appellate court agreed to answer the question.

Rule of Law

Issue

Holding and Reasoning (Levine, J.)

Dissent (Singley, J.)

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