Legal Opinion
Smith v. Mack Trucks, Inc.
Court of Appeals for the Ninth Circuit
Decided November 8, 1974No. 73-2234PublishedCited by 31 opinions
1Opinion of the Court
OPINION
2Per curiam
The disappointed purchaser of a new Mack Truck appeals from a summary judgment in favor of the seller in this *1249diversity claim for consequential damages.
In support of its motion for summary judgment under Fed.R.Civ.P. 56, the seller filed an affidavit and an exhibit setting forth its version of the facts. The purchaser failed to file a counteraffidavit, but orally asserted in the district court that unresolved questions of fact existed. (The only possible question of fact was whether or not a disclaimer of warranty appearing in the purchase order had been “bargained for” within the…
3Cases cited3 opinions
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Allan v. Chapman, Jr. v. Rudd Paint & Varnish Company, Dave Rivers and Alan ParkCourt of Appeals for the Ninth Circuit · 1969
- James v. H.M.S. Port Lyttleton Port Line Ltd.District Court, E.D. Pennsylvania · 1971
4Cited by31 opinions
- British Airways Board, 1 v. The Boeing CompanyCourt of Appeals for the Ninth Circuit · 1978
- Abramson v. University of HawaiiCourt of Appeals for the Ninth Circuit · 1979
- Au v. AuHawaii Supreme Court · 1981
- Patrick F. Flaherty v. Warehousemen, Garage & Service Station Employees' Local Union No. 334Court of Appeals for the Ninth Circuit · 1978
- Sims v. MacK Truck Corp.District Court, E.D. Pennsylvania · 1980
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