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Ford Motor Co. v. Lemieux Lumber Co.

Texas Court of Civil Appeals

418 S.W.2d 909 (1967)

Facts

The president of Lemieux Lumber Company, Inc. (Lemieux) (plaintiff) considered buying a four-wheel-drive truck from a Ford Motor Company (Ford) (defendant) dealership. Knowing that Lemieux would operate the truck in muddy, rough, and wet terrain, the dealer showed the president a Ford brochure depicting the same model truck climbing mountains, and the Lemieux president bought the truck. The truck repeatedly broke down in rugged, wet territory. Lemieux sued Ford for breaching implied and express warranties of fitness. Ford contended that it had conveyed no warranties to Lemieux because Ford and its end customer were not in privity of contract with each other. Ford appealed to the Texas Court of Civil Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Stephenson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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