Legal Opinion
Perry v. Lawson Ford Tractor Co.
Supreme Court of Oklahoma
Decided June 17, 1980No. 50597PublishedCited by 15 opinions
1Opinion of the Court
OPALA, Justice.
This appeal deals with the sufficiency of evidence to sustain a claim for breach of warranty and with the correctness of instructions on the measure of damages. The specific questions presented are: [1] Did the trial court err in instructing that the buyer had a claim for breach of implied warranty? [2] May warranty be implied from a sale of used equipment? [3] Did buyer’s examination of the machine [combine] operate to exclude the implied warranty of merchantability? [4] Was the evidence sufficient to sustain a claim as to the machine’s unfitness for its intended purpose? [5]…
2Cases cited37 opinions
- Entrialgo v. Twin City Dodge, Inc.Massachusetts Supreme Judicial Court · 1975
- Baker v. CITY SEATTLEWashington Supreme Court · 1971
- Overland Bond & Investment Corp. v. HowardAppellate Court of Illinois · 1972
- Testo v. Russ Dunmire Oldsmobile, Inc.Court of Appeals of Washington · 1976
- Moss v. Polyco, Inc.Supreme Court of Oklahoma · 1974
32 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Schrock v. Wyeth, Inc.Court of Appeals for the Tenth Circuit · 2013
- Dennis Speerly v. General Motors, LLCCourt of Appeals for the Sixth Circuit · 2025
- American Fertilizer Specialists, Inc. v. WoodSupreme Court of Oklahoma · 1981
- Dickerson v. Mountain View Equipment Co.Idaho Court of Appeals · 1985
- 6 Ucc rep.serv.2d 692, prod.liab.rep.(cch)p 11,794 Patty Precision Products Company, a Corporation v. Brown & Sharpe Manufacturing Co., a Corporation General Electric Company, a Corporation Tools Capital Corporation, a CorporationCourt of Appeals for the Tenth Circuit · 1988
10 more not listed; retrieve them via the Exa API.