Schroeder v. Fageol Motors
Supreme Court of Washington
544 P.2d 20 (1975)
John Schroeder (plaintiff) bought a used truck from Fageol Motors, Inc. (Fageol) (defendant) to be used in Schroeder’s business. The truck was still under the original warranty as set out in an “owner book.” Fageol did not go through the owner book with Schroeder or explain the warranties and disclaimers to Schroeder. The written warranty provided an exclusionary clause in normal-sized print stating that Fageol would not be liable for special or consequential damages. Several months after the purchase, the truck’s engine exploded. The truck never functioned properly after that point, despite numerous attempted repairs by Cummins Engine Company, Inc. (Cummins) (defendant) and Fageol. Schroeder sued Fageol and Cummins for breach of warranty. The trial court denied Fageol’s claim that Fageol was protected from consequential damages by the warranty’s exclusionary clause. The trial court relied on Berg v. Stromme, 484 P.2d 380 (1971), which held that warranty disclaimers must be negotiated between the parties and set forth with particularity in a conspicuous manner, and found that this had not been done in the warranty from Fageol. The court of appeals affirmed. Fageol appealed.
Rule of Law
Holding and Reasoning (Hunter, J.)
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.