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McNamara v. Nomeco Building Specialties, Inc.
United States District Court for the District of Minnesota
26 F.Supp.2d 1168 (1998)
The McNamaras (plaintiffs) were renovating their lake home. The home’s bay window frequently fogged over, obscuring their view of the lake. Wishing to replace the bay window with a window that would not fog over, the McNamaras contacted Nomeco Building Specialties, Inc. (defendant). Nomeco’s sales representative recommended that the McNamaras install a particular type of window and verbally guaranteed that the replacement window would not fog over. The McNamaras installed the window that Nomeco had recommended, and the new window suffered from the same fogging problems as the prior bay window. The McNamaras sued Nomeco under the Magnuson-Moss Warranty Act for breach of the verbal warranty that Nomeco’s representative allegedly gave them. Nomeco filed a motion to dismiss or for summary judgment on the Magnuson-Moss claim.
Rule of Law
Holding and Reasoning (Erickson, J.)
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