American West Enterprises, Inc. v. CNH, LLC

SCHROEDER, J. pro tern.

I

Nature of Case

This is an appeal from the district court’s grant of summary judgment to Case New Holland, Inc. (“CNH”) in a suit brought by American West Enterprises (“American West”) in an effort to recover the cost of a remanufactured tractor engine sold by CNH to a local seller, Pioneer Equipment Company (“Pioneer”), and purchased by American West. The district court dismissed American West’s claim of implied warranty because there was no privity between American West and CNH. The district court also rejected American West’s claims that it was an intended third party…