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Massey-Ferguson, Inc. v. Utley
Court of Appeals of Kentucky
439 S.W.2d 57 (1969)
F. X. Utley (defendant) purchased a combine from a farm-equipment dealer. The machine was manufactured by Massey-Ferguson, Inc. (Massey) (plaintiff). A Massey factory employee was present during the sale, and the sales contract was created from blank forms provided by Massey. The back of the sales contract stated that no implied warranties were created. The contract also stated that Utley agreed not to raise any defense he might have against the dealer in an action brought by the dealer’s assignee. The dealer immediately assigned the contract to Massey. When Utley failed to make payments, Massey sued to recover the amount due. Utley raised a defense based on a breach of the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The jury found in favor of Utley, and the action was dismissed. Massey appealed.
Rule of Law
Holding and Reasoning (Cullen, J.)
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