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Patty Precision Products Co. v. Brown & Sharpe Manufacturing Co.
United States Court of Appeals for the Tenth Circuit
846 F.2d 1247 (1988)
Patty Precision Products Co. (Patty) (plaintiff) was a military contractor. Patty spoke to Brown & Sharpe Manufacturing Co. (Brown) (defendant) about purchasing a machine used for making bomb racks. Brown recommended a machine that had electronic controls made by General Electric (GE) (defendant). The agreement between GE and Brown included a warranty disclaimer. The disclaimer said that warranties only covered Brown. Patty purchased three machines from Brown, and the machines included GE controls. The machines failed to work properly. Patty sued both Brown and GE for breach of the implied warranty of merchantability. The trial court allowed GE to present evidence of the warranty disclaimer between GE and Brown, and GE claimed that the warranty disclaimer meant the warranties did not extend to Patty. Patty prevailed against Brown, but the trial court entered judgment for GE based on the warranty disclaimer. Patty moved for a new trial, arguing it was error to admit evidence of the warranty disclaimer between Brown and GE. The trial court denied Patty’s motion, and Patty appealed.
Rule of Law
Holding and Reasoning (Barrett, J.)
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