Broderick Haulage, Inc. v. MacK-international Motor Truck Corp.

The material facts of this case are not in dispute. Plaintiff purchased a number of trucks from defendant for use in its haulage business. When it found that the size of the trucks prevented their free and unrestricted use, it instituted this action to recover damages for breach of a claimed implied warranty of fitness for the intended use. Plaintiff makes no charge of fraud or misrepresentation, nor does it seek to rescind the contract. It relies solely upon the existence of an implied warranty that the trucks would be fit for the use to which plaintiff intended to put them.

The written…