Wednesday, December 11, 2013

A.B. Parker v. Bell Ford, Inc. case brief

A.B. Parker v. Bell Ford, Inc. case brief summary
425 So.2d 1101 (1983)


CASE SYNOPSIS
Plaintiff buyer sought review of a judgment from the Escambia Circuit Court (Alabama) in favor of defendants, seller and manufacturer, in an action for misrepresentation, breach of contract, breach of warranty, and breach of the implied warranty of merchantability.

CASE FACTS
The buyer purchased a pickup truck from the seller. After the buyer made several complaints to the seller about excessive tire wear, the seller arranged for the buyer to have the vehicle aligned and repaired. The buyer never returned the vehicle to the seller or made any further complaints to the seller, even though the problem still existed. Instead the buyer commenced the instant action. The trial court entered a judgment for the seller and manufacturer.

DISCUSSION

  • On appeal, the court affirmed. 
  • The court held that the transaction between the buyer and the seller required compliance with Ala. Code § 7-2-607(3)(a) (1975). 
  • Section 7-2-607(3)(a)(1975) required a buyer to give notice to the seller of a defect in the product. 
  • The notice required by § 7-2-607(3)(a) (1975) was a condition precedent to recovery. 
  • Because the buyer did not give the seller the required notice of the defect, the buyer could not recover.

CONCLUSION
The court affirmed the trial court's judgment in favor of the seller and manufacturer in the action brought by the buyer for misrepresentation, breach of contract, breach of warranty, and breach of the implied warranty of merchantability.


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