J & W EQUIPMENT, INC. v. Weingartner

Swinehart, J.:

This is an appeal raising the question of the sufficiency of a disclaimer of a warranty of merchantability as contained in a retail installment contract executed by J & W Equipment, Inc., as seller and Tom Weingartner as purchaser of a farm tractor.

Weingartner purchased a tractor manufactured by J I Case Company on October 31, 1972, from J & W Equipment, Inc. At that time, Weingartner signed a lengthy document entitled “Retail Installment Contract (Security Agreement).” The document consists of numbered paragraphs which contain the required information on price, finance charges,…