Transamerica V. Lynes

 Transamerica V. Lynes Article

Circumstance Brief: TRANSAMERICA OIL CORPORATION v. LYNES, INC and Baker Internat'l Corporation

Procedural history

The plaintiff customer (Transamerica Petrol Corporation) helped bring action to recover damages resulting from defendant sellers' (Lynes, Inc) breach of an express warrantee under Kansas Uniform Industrial Code. The U. H. District The courtroom for the District of Kansas awarded damages towards the purchaser. The sellers become a huge hit. Facts

Harold Brown, chief executive of Transameria, saw defendants' advertisement for " creation injection packers” in a control journal. Packers are frequently used for temporary work with. Defendants' advertisement, however , stated its packer was suited to permanent use. Brown telephoned Lynes and spoke with a sales rep. Lynes delivered Brown additional advertising and descriptive books also declaring the packer was suitable for permanent make use of. Brown telephoned Baker's section manager, Jack Spencer, and said he was interested in getting the packer for long lasting use. The facts of the discussion are controverted. Brown spoken that Bradzino " assured” him the packers would work as promoted. Spencer testified he replied, " I believe they would end up being applicable. ” The individual purchased 10 packers in six shipments from defendants during the period at concern. Defendants provided invoices with at least five in the shipments. Dark brown signed by least one of the invoices; two invoices were signed by simply employees in the plaintiff other than Brown. Every invoice comprised language in its reverse side disclaiming any exhibit or implied warranties apart from products had been free from flaws in supplies and skillfullness. Each bill purported to limit the purchaser's cure to replacement of or credit for substandard equipment or parts. Individual brought to action to recover damage resulting from defendant's break of the express warrantee. Defendants declared that litigant's claims will be barred by statute of limitations which Brown...


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