From our private database of 22,300+ case briefs...
Lumber Mutual Ins. Co. v. Clarklift of Detroit
Michigan Court of Appeals
569 N.W.2d 681 (1997)
Clarklift of Detroit (Clarklift) (defendant) rented a used forklift to Heart Truss & Engineering Corporation (Heart) for three months. At that point, Heart decided to buy the forklift from Clarklift. At the bottom of Clarklift’s handwritten work order for the forklift sale, set off by itself, was the phrase “as is.” Further, the first page of Clarklift’s purchase invoice for the forklift stated, “WARRANTY: AS IS, NO WARRANTY.” The purchase invoice also contained a short list of information in capital letters, including the “as is” language. A few months later, the forklift caused two fires at Heart’s factory. Heart’s insurance company, Lumber Mutual Insurance Co. (Lumber) (plaintiff), covered Heart’s losses. Lumber then sued Clarklift to recover the amount Lumber had paid to Heart under the insurance policy, arguing that Clarklift was responsible for implied warranties covering the forklift. Clarklift filed a motion for summary judgement on the basis that the “as is” disclaimer removed any implied warranties from the contract. The trial court ruled in favor of Clarklift. Lumber appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
What to do next…
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 516,000 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
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 516,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 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.