Legal Opinion

Keller v. A.O. Smith Harvestore Products, Inc.

Supreme Court of Colorado

Decided October 7, 1991No. 88SA397PublishedCited by 95 opinions

1Opinion of the CourtJustice Kirshbaum

Pursuant to C.A.R. 21.1, this court has agreed to answer the following questions certified to it by the United States Court of Appeals for the Tenth Circuit:

1. Whether a cause of action for negligent misrepresentation lies against the manufacturer of a product for representations made during the course of the sale of that product despite the execution of a fully integrated sales agreement.

2. If so, whether the existence of a clause in the sales agreement specifically disclaiming reliance on representations made to the buyer prior to the execution of the sales agreement legally precludes a…

2Cases cited25 opinions

  1. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  2. Raritan River Steel Co. v. Cherry, Bekaert & HollandSupreme Court of North Carolina · 1988
  3. Martens Chevrolet, Inc. v. SeneyCourt of Appeals of Maryland · 1982
  4. Hoffer v. StateWashington Supreme Court · 1988
  5. One-O-One Enterprises, Inc. v. Richard E. CarusoCourt of Appeals for the D.C. Circuit · 1988

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3Cited by95 opinions

  1. Gorsuch, Ltd., B.C. v. Wells Fargo National Bank Ass'nCourt of Appeals for the Tenth Circuit · 2014
  2. Abry Partners V, L.P. v. F & W Acquisition LLCCourt of Chancery of Delaware · 2006
  3. Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
  4. Re/Max, LLC v. Quicken Loans Inc.District Court, D. Colorado · 2018
  5. BRW, Inc. v. Dufficy & Sons, Inc.Supreme Court of Colorado · 2004

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