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Leonard Pevar Co. v. Evans Products Co.

United States District Court for the District of Delaware
524 F.Supp. 546 (1981)


Facts

The Leonard Pevar Company (Pevar) (plaintiff) filed suit in federal district court against the Evans Products Company (Evans) (defendant) for breach of express and implied warranties related to an alleged oral agreement between Pevar and Evans for the purchase of plywood. Pevar claimed that the parties reached an oral agreement by telephone for Pevar to purchase the plywood from Evans, including price, quantity, and shipping instructions. Thereafter, Pevar sent a written purchase order to Evans that reiterated the purchase terms. Evans argued that no oral agreement existed despite the company acknowledging Pevar’s purchase order on a standard form that, using boilerplate language, expressly disclaimed most warranties and limited its liability. Both parties filed cross motions for summary judgment. 

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Holding and Reasoning (Latchum, C.J.)

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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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