Seely v. White Motor Co.
California Supreme Court
63 Cal. 2d 9, 403 P.2d 145, 45 Cal. Rptr. 17 (1965)
- Written by Sharon Feldman, JD
Facts
Daniel Seely (plaintiff) bought a truck from dealer Southern Truck Sales (Southern). The truck was manufactured by White Motor Co. (White) (defendant). The express warranty provided by White in the purchase order guaranteed that the truck would be free from defects in material and workmanship under normal use and service and limited White’s obligation under the warranty to replacement of parts. Seely had problems with the truck, and Southern, working with White, unsuccessfully tried to fix the truck over a period of 11 months. Seely sued White for the amounts he had paid toward the purchase price and his lost business profits. The court found that White had breached its warranty and awarded damages for the amounts paid on the price and lost profits. White appealed the award of damages.
Rule of Law
Issue
Holding and Reasoning (Traynor, C.J.)
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