Legal Opinion · Dissent

General Motors Corp. v. United States

United States Court of Claims

Decided June 8, 1954No. 47657Published

1DissentWhitaker, Judge

I cannot agree with the opinion of the majority. The purchaser of a refrigerator got for his money, not only a refrigerator, but also the seller’s agreement that it would keep the refrigerator in good repair for a period of five years. This was an obligation over and beyond the usual manufacturer’s warranty of its product.

There is an implied warranty on every sale by a manufacturer that the article is free from defects in workmanship and material. Many times these defects can be discovered only from a use of the article, and in the custom of the various trades certain periods of time are…

2Cases cited3 opinions

  1. Lash's Products Co. v. United StatesSupreme Court of the United States · 1929
  2. F. W. Fitch Co. v. United StatesSupreme Court of the United States · 1945
  3. Lash's Products Co. v. United StatesUnited States Court of Claims · 1927

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