For Your Data Poppenheimer V. Bluff Urban Inwardness Motor Homes Representative Brief Summary
February 21, 2019
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Poppenheimer v. Bluff City Motor Homes
658 S.W.2d 106 (1983)
Facts: Poppenheimer purchased a motor abode from Bluff City Motor Homes. Delivery of the purchased skillful was made on June 25, 1983. The buy included a warranty from the manufacturer of the motor home, General Motors Corp., which stated that they would repair whatsoever in addition to everything on the production (with the exception of the tires) for 12,000 or 12 months, whichever came first. After in that place was a defect industrial plant life inwards the abode (presumably afterward the expiration of ane of the specified periods of time), Poppenheimer sued both the seller in addition to the manufacturer. The lawsuit courtroom threw the representative out on the grounds that the breach of warranty claim was barred on the grounds of beingness exterior of the specified statute of limitations. Poppenheimer appealed, asserting that the statute of limitations for a breach of warranty claim cannot laid out to run until the breach of warranty has genuinely occurred in addition to that the statute is non based on the appointment the goods are delivered.
Issue: Did the lawsuit courtroom err inwards its dismissal of the representative on the grounds of the claim beingness exterior of the statute of limitations?
Holding: NO. Affirmed.
Rationale: The courtroom came to the conclusion that the statute of limitations for a breach of warranty claim begins on the appointment of delivery, non on the appointment that the alleged breach genuinely occurred. Since the warranty covered “defects” stemming from “materials or workmanship”, it apparently depended on the appointment of delivery because the defect could hold upward known or unknown at that time.
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