Massey-Ferguson, Inc. v. Utley
Court of Appeals of Kentucky
439 S.W.2d 57 (1969)
- Written by Mary Pfotenhauer, JD
Facts
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
Issue
Holding and Reasoning (Cullen, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.