SOUTH CAROLINA ELECTRIC AND GAS CO. V. COMBUSTION ENGINEERING, INC.
322 S.E.2d 453 (1984)
NATURE OF THE CASE: South Carolina Electric and Gas Company (P) appealed a grant of
summary judgment in favor of Combustion Engineering, Inc. (D), in P's suit to recover
damages on causes of action for (1) breach of an implied warranty fitness and
merchantability.
FACTS: P entered into the contract with D for the sale of the boiler. The sales contract
expressly warrants the equipment to be free 'from defects in material and workmanship for a
period of one year. The boiler became operational on March 18, 1973, and the fire that
brought on this litigation occurred over two years later on May 19, 1975, the one-year
warranty provision had expired at the time of the fire. The contract also stated that
'[t]here are no other warranties, whether expressed or implied, other than title.' The
circuit court, in granting D summary judgment on each cause of action alleging a breach of
an implied warranty, ruled that the disclaimer excludes an implied warranty of
merchantability as well as an implied warranty for fitness for a particular purpose. P
appealed arguing that the disclaimer, as a matter of law, does not exclude the implied
warranties alleged in its complaint because the disclaimer does not meet the requirements of
Subsection (2) of Section 36-2-316 and that a question of fact exists as to whether the
disclaimer can come within the exceptions to Subsection (2) permitted by Subsection (3) of
that statute.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment