Consolidated Generator-Nevada, Inc. v. Cummins Engine Co.

OPINION

Appellant Consolidated Generator-Nevada (CGN) rented portable generators (gensets) from Consolidated Generator Services (CGS) shortly after CGN’s incorporation in May 1989. The gensets were originally purchased by CGS from Ingersoll-Rand (IR) and they are equipped with Cummins engines. IR and Cummins both have written warranties that exclude express and implied warranties, as well as consequential or incidental damages.

CGN claims to have purchased ten of the gensets from CGS in an agreement memorialized in a letter. CGN also claims to have received transfer of the gensets in February…