Legal Opinion · Concurrence

McMahon v. ADVANCE STORES CO., INC.

West Virginia Supreme Court

Decided November 24, 2010No. 35467Published

1ConcurrenceDavis, Chief Justice

In this ease, the majority’ of the Court has determined that merchants can create express warranties that limit repair or replacement of goods to the original purchaser. I agree completely with the conclusion of the majority opinion and its legally sound reason*28ing. I have chosen to write separately to show how other courts have addressed the issue and to comment upon the dissenting opinion’s mischaracterization of the relevant law.

No Court in the Country Has Invalidated an Express Warranty That Limited Replacement or Repair of a Product to the Original Purchaser

The first thing that must be…

2Cases cited22 opinions

  1. Renaissance Leasing, LLC v. Vermeer Manufacturing Co.Supreme Court of Missouri · 2010
  2. Sewell v. GregoryWest Virginia Supreme Court · 1988
  3. Copiers Typewriters Calculators, Inc. v. Toshiba Corp.District Court, D. Maryland · 1983
  4. Tomka v. Hoechst Celanese Corp.Supreme Court of Iowa · 1995
  5. Goodman v. PPG Industries, Inc.Superior Court of Pennsylvania · 2004

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