Appalachian Leasing, Inc. v. Mack Trucks, Inc.

Plaintiff, Appalachian Leasing, Inc., purchased four coal trucks from Defendants, Mack Trucks, Inc. and Worldwide Equipment, Inc.. Claiming that each of the trucks were defective, Plaintiff filed a complaint grounded on Article 2 of the West Virginia Uniform Commercial Code, alleging that Defendants breached both express and implied warranties relating to the four trucks. For relief, Plaintiff sought revocation of acceptance of the vehicles, a refund of the purchase price, and incidental and consequential damages. The circuit court granted summary judgment in favor of Defendants, concluding that Defendants had satisfied their obligations under the trucks’ express warranty and that the implied warranties had been disclaimed. The Supreme Court reversed, holding that although the implied warranties were validly disclaimed, genuine issues of material fact existed concerning whether Defendants satisfied their obligations under the trucks’ express warranty. Remanded. View "Appalachian Leasing, Inc. v. Mack Trucks, Inc." on Justia Law