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Van Den Broeke v. Bellanca Aircraft Corp.

United States Court of Appeals for the Fifth Circuit
576 F.2d 582 (1978)


Ed Van Den Broeke (plaintiff) bought an airplane from Bellanca Aircraft Corporation (Bellanca) (defendant) to use as a crop duster, based on advertisements from Bellanca representing that use for the airplane. When the plane was later delivered, a warranty certificate was also delivered. Bellanca also provided Broeke with a postcard that was to be returned to Bellanca for the purpose of notifying Bellanca of the purchase and activating the warranties. Broeke returned the postcard to Bellanca. The written warranty expressly disclaimed any implied warranties and precluded recovery for consequential damages or negligence. The postcard that Broeke returned to Bellanca did not contain the warranty disclaimer or incorporate the disclaimer by reference. Broeke experienced mechanical problems with the plane and suffered business losses as a result. Broeke sued Bellanca, alleging breach of the implied warranties of merchantability and fitness of purpose and negligence in design. The district court granted Bellanca’s motion for summary judgment, finding that the express disclaimers of warranty precluded Broeke’s claims. Broeke appealed.

Rule of Law


Holding and Reasoning (Morgan, J.)

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