Miller v. Hubbard-Wray Co.

Plaintiff appeals from a decree denying him the right to rescind a contract with defendant for purchase of a hay baler and further denying damages for breach of express warranty and for unlawful trade practice. On appeal plaintiff contends the trial court erred in finding that the disclaimer of warranties clause in the contract was sufficient to nullify the alleged express warranty given by defendant’s 1 salesperson that the baler in question was manufactured in 1976 when in fact it was manufactured in 1972. 2 This is a suit in equity and our review is de novo. ORS 19.125(3); Latture v.…