(DOWNLOAD) "Dan C. Dickerson v. Mountain View" by Court of Appeals of Idaho No. 15696 # Book PDF Kindle ePub Free
eBook details
- Title: Dan C. Dickerson v. Mountain View
- Author : Court of Appeals of Idaho No. 15696
- Release Date : January 20, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Dan Dickerson brought a small claims action against Mountain View Equipment Company for the cost of repairing a used tractor previously purchased from the company. The magistrate in the small claims department entered judgment for Dickerson and Mountain View appealed to the district court. After a de novo trial, the district court found that Mountain View had breached two warranties: an implied warranty of merchantability and an implied warranty of fitness for a particular purpose, I.C. §§ 28-2-314, -315. The district court awarded judgment to Dickerson and denied a motion by Mountain View for a new trial. On appeal to this Court, Mountain View argues that no implied warranties existed; that there was insufficient evidence to establish breach of the implied warranties; and an expressed warranty between the parties superseded any implied warranty of merchantability. For the reasons stated below, we affirm the judgment of the district court. The events which led to this action are undisputed. In the spring of 1982, Dickerson advised Mountain View that he needed to purchase a tractor for the spring planting season which was from April 1 to May 15. He was shown two tractors with their engines, transmissions, and axles completely disassembled in the company's shop. The company assured Dickerson the tractors would be totally rebuilt. Dickerson paid $13,850 for one of the rebuilt tractors. He received a trade-in credit of $6,725 on his old tractor and paid the balance of $7,125. When he purchased the tractor, Dickerson received a Used Equipment Warranty. This warranty indicated the tractor was sold under a Mountain View Warranty. The Mountain View Warranty stated:
 "Dan C. Dickerson v. Mountain View" by Court of Appeals of Idaho No. 15696 # Book PDF Kindle ePub Free){kind=link}