STEP-SAVER DATA SYSTEMS, INC. V. WYSE TECHNOLOGY
752 F.Supp. 181 (1990)
NATURE OF THE CASE: This was an appeal based on the failure to charge a jury on implied
warranty of merchantability.
FACTS: Step-Savor (P) sued Wyse (D) over computer terminals it purchased from D. D
produced evidence at trial that D had shipped over 1 million units since the introduction of
the Wyse-60 terminal in 1986. P bought the terminals to be used in its multi-user system and
its employees had even evaluated that unit and units from other manufacturers. P eventually
found a defect that made the terminal incompatible with certain software programs which
included Multi-Link, Advanced, Benchmark, and WordPerfect. P presented no evidence that
compatibility with these programs was a criterion of merchantability according to the usage
of the computer terminal trade. The trial judge refused to instruct the jury on implied
warranty of merchantability. P lost and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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