Quimbee logo
DMCA.com Protection Status

Highway Sales, Inc. v. Blue Bird Corp.

559 F.3d 782 (2009)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

Highway Sales, Inc. v. Blue Bird Corp.

United States Court of Appeals for the Eighth Circuit

559 F.3d 782 (2009)

Facts

On July 31, 2003, Donald Oren and Highway Sales, Inc. (collectively, Oren) (plaintiffs) purchased a recreational vehicle (RV) from dealer Shorewood RV (Shorewood) (defendant). Manufacturer Blue Bird Corp. (BB) (defendant) provided a limited warranty, guaranteeing components would be free from defects for specified periods and requiring any breach-of-warranty action to be filed within one year of breach. Oren brought the RV to Shorewood multiple times for electrical-system repairs but continued having problems. On July 2, 2004, Oren returned the RV to Shorewood. Oren wrote to BB on July 8 and asked that the RV be repurchased, stating he had run out of patience and confidence the problems could be fixed and was not interested in any further retrofits, patches, or excuses. Additional repairs were made in July, August, September, and October. On September 7, BB rejected Oren’s refund request, and on November 19, BB’s attorney advised Oren the issues had been remedied and BB would continue to ensure the RV conformed to the warranty. On November 29, Oren told BB it had failed to meet its warranty obligations. Oren sued BB for breach of warranty on July 15, 2005, and later added Shorewood as a defendant. The court granted BB and Shorewood summary judgment, finding that the express-warranty claim accrued no later than July 8, 2004, but was filed after the one-year limitations period. Oren appealed, arguing that the express-warranty claim was timely and the limitations period on the express- and implied-warranty claims was tolled by BB’s repair promises.

Rule of Law

Issue

Holding and Reasoning (Riley, J.)

Concurrence/Dissent (Beam, 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 618,000 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 618,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 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 618,000 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
  • 35,600 briefs - keyed to 984 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