Hall v. Everett Motors, Inc.
| Decision Date | 03 March 1960 |
| Citation | 165 N.E.2d 107,340 Mass. 430 |
| Parties | , 1 UCC Rep.Serv. 117 James HALL v. EVERETT MOTORS, INC. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Charles R. Desmarais, New Bedford, for plaintiff.
Arthur Goldys, New Bedford, for defendant.
Before WILKINS, C. J., and WILLIAMS, COUNIHAN, WHITTEMORE, and CUTTER, JJ.
On September 18, 1956, the plaintiff bought a new Oldsmobile sedan from the defendant, a dealer. On November 5, 1956, the automobile, while in the plaintiff's garage, was damaged by fire. in this action of contract or tort there were three counts. On count 1 for breach of express warranty of quality and fitness, the jury returned a verdict for the plaintiff for $3,000, but under leave reserved the judge entered a verdict for the defendant. On count 2 for breach of a similar implied warranty the judge directed a verdict for the defendant. The plaintiff excepted to both rulings. On count 3 for negligent inspection the jury returned a verdict for the defendant.
The plaintiff testified that, when he bought the automobile, he received a bill of sale and a 'service policy owner manual' with which he was familiar and which contained 'the manufacturer's warranty which he accepted.' He is bound by this testimony. Taylor v. Jacobson, 336 Mass. 709, 716, 147 N.E.2d 770.
In so far as material, the manufacturer's warranty provided: 'It is expressly agreed that there are no warranties, expressed or implied, made by either the dealer or the manufacturer * * * except the manufacturer's warranty against defective materials or workmanship as follows: 'The manufacturer warrants each new motor vehicle * * * to be free from defects in material and workmanship under normal use and service, its obligation under this warranty being limited to making good at its factory any part or parts thereof which shall, within ninety (90) days after delivery of such vehicle to the original purchaser or before such vehicle has been driven 4,000 miles, whichever event shall first occur, be returned to it with transportation charges prepaid and which its examination shall disclose to its satisfaction to have been thus defective; this warranty being expressly in lieu of all other warranties, expressed or implied, and all other obligations or liabilities on its part * * *.''
Facts which the jury would have been warranted in finding are as hereinafter after set forth. The fire, which destroyed the automobile, was due to defective wiring to the back of the left rear fender. Within three weeks after the purchase the plaintiff began having trouble with the directional signal lights. When he tried to indicate a left turn, they might flicker on the...
To continue reading
Request your trial
-
Parsons v. Ford Motor Co.
...Corp. v. Van Marter, 447 So.2d 1291 (Ala.1984); Ford Motor Co. v. Reid, 250 Ark. 176, 465 S.W.2d 80 (1971); Hall v. Everett Motors, Inc., 340 Mass. 430, 165 N.E.2d 107 (1960); State Farm Fire & Cas. Co. v. Chrysler Corp., 37 Ohio St.3d 1, 523 N.E.2d 489 (1988); Ford Motor Co. v. Pittman, 22......
-
Kure v. Chevrolet Motor Division
...Production Consultants, Inc. v. Mercedes-Benz of North America, 1972, 262 La. 80, 262 So.2d 377, reh. den.; Hall v. Everett Motors, Inc., 1960, 340 Mass. 430, 165 N.E.2d 107; Cochran v. McDonald, 1945, 23 Wash.2d 348, 161 P.2d 305; Wallace v. McCampbell, 1941, 178 Tenn. 224, 156 S.W.2d 442;......
-
Cornell Drilling Co. v. Ford Motor Co.
... ... FORD MOTOR COMPANY, a corporation, and Null Ford Sales, Inc., a corporation. Superior Court of Pennsylvania.June 28, 1976. [359 A.2d ... Inc., 320 A.2d 315 (D.C.App.1974); Jacobson v ... Broadway Motors, Inc., 430 S.W.2d 602 (Mo.App.1968); ... Haugen v. Ford Motor Co., 219 ... denied, 237 So.2d 177 ... (Fla.1970); Hall v. Everett Motors, Inc., 340 Mass ... 430, 165 N.E.2d 107 (1960); ... ...
-
Dougall v. Brown Bay Boat Works & Sales, Inc.
...the 'in lieu of' language limits the consumer to the express warranty and precludes a holding of implied warranty. Hall v. Everett Motors, Inc., 340 Mass. 430, 165 N.E.2d 107; Rozen v. Chrysler Corp. (Fla.App.) 142 So.2d 735; Payne v. Valley Motor Sales, Inc., 146 W.Va. 1063, 124 S.E.2d Thi......