| Court: | Massachussetts Supreme Court |
| Facts: | Hunt bought a Caterpillar diesel engine for his fishing boat
from Perkins, on the Perkins salesperson's advice. It made
an intolerable amount of smoke. Many fixings later, it was
still smoking like crazy, and Hunt had to get it removed and
install a new one.
The terms and conditions of the sale were on the back of the carbon-triplicate form that Hunt signed. So he could not have inspected them at the time of signing. |
| Posture: | Suit is for implied warranties of merchantability and fitness for a particular purpose. Finding for the plaintiff at trial, Perkins appeals. |
| Issue: | Was the disclaimer of warranty conspicuous? Was it effective? |
| Holding: | No, and no. Affirmed. |
| Rule: | Disclaimers have to be conspicuous. |
| Reasoning: | This was on the back of a form, and therefore concealed, since the forms were bound together at the time of signing. |
| Dicta: | |