Payne v. Berry's Auto, Inc.

¶1 Appellant Linda Payne (Payne) appeals the judgment of the Thirteenth Judicial District Court, which affirmed the holding of the Yellowstone County Justice Court, that Berry’s Auto, Inc. (Berry’s) disclaimed implied warranties for a used vehicle sold to Payne. Although we conclude that Berry’s failed to effectively disclaim implied warranties on the vehicle, we nonetheless affirm the District Court on alternate grounds. We address the following issues:

¶2 1. Did Berry’s effectively disclaim implied warranties of a used vehicle under § 30-2-316, MCA, when the transaction included purchase of…