Theos & Sons, Inc. v. Mack Trucks, Inc.

This action arises from the sale, resale, and alleged negligent repair of a Mack truck. It concerns the effect of a manufacturer’s disclaimer of an implied warranty of merchantability on a subsequent purchaser who was unaware of the disclaimer. It also concerns a manufacturer’s liability under agency principles for the actions of the manufacturer’s *737authorized parts and service dealer, when that dealer is engaged in nonwarranty repair work.

The plaintiff, Theos & Sons, Inc. (Theos), brought an action for damages to its Mack truck engine, against Mack Trucks, Inc. (Mack), a manufacturer of…