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12 Alabama opinions name it 2 courts 1917–2018 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mobile Infirmary v. Delchampsgreen2 sentences2018A four-year statute of limitations is generally applicable to breach-of-warranty claims. § 7-2-725(1), Ala. Code 1975; Mobile Infirmary v. Delchamps , 642 So.2d 954 , 957 n.2 (Ala. 1994) ("An action based on a warranty claim ordinarily must be brought within *821 four years after the cause of action accrued."). 2018A four-year statute of limitations is generally applicable to breach-of-warranty claims. § 7-2-725(1), Ala. Code 1975; Mobile Infirmary v. Delchamps , 642 So.2d 954 , 957 n.2 (Ala. 1994) ("An action based on a warranty claim ordinarily must be brought within *821 four years after the cause of action accrued."). | 2 | 2 |
Windham v. Hendersongreen1 sentence2010Applying § 35-4-2, this Court has stated: “The intention to create a lesser estate must clearly appear, for the courts will not construe a grantor’s words as conveying a lesser estate if clearly a different meaning can be given them.” Windham v. Henderson, 658 So.2d 431, 433 (Ala.1995). | 1 | 1 |
Schweich v. Ziegler, Inc.green1 sentence2009Under Minnesota law, “[t]o prevail on a warranty claim the plaintiff must prove the existence of a warranty, a breach, and a causal link between the breach and the alleged harm.” Schweich v. Ziegler, Inc., 463 N.W.2d 722, 730 (Minn.1990). | 1 | 1 |
McCormack v. Hankscraft Companygreen2 sentences2009The Minnesota Supreme Court has held that “[n]o particular words are required to constitute an express warranty,” McCormack v. Hankscraft Co., 278 Minn. 322, 336 , 154 N.W.2d 488, 498 (1967); however, Minnesota statute § 336.2-313(1) provides that an express warranty may be created as follows: “(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes paH of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. “(b) Any description of the goods which is made part of the basis of the b 2009The Minnesota Supreme Court has held that “[n]o particular words are required to constitute an express warranty,” McCormack v. Hankscraft Co., 278 Minn. 322, 336 , 154 N.W.2d 488, 498 (1967); however, Minnesota statute § 336.2-313(1) provides that an express warranty may be created as follows: “(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes paH of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. “(b) Any description of the goods which is made part of the basis of the b | 1 | 1 |
United States v. Carroll Towing Co.green1 sentence2006Cf. United States v. Carroll Towing Co., 159 F.2d 169, 173 (C.A.2 1947). "`Damage to a product itself is most naturally understood as a warranty claim. | 1 | 1 |
Treadwell Ford, Inc. v. Campbellgreen2 sentences1995This Court has held that the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD") "does not apply to the seller of a used, wrecked vehicle for salvage." Treadwell Ford, Inc. v. Campbell, 485 So.2d 312, 318 (Ala.1986). 1995This Court has held that the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD") "does not apply to the seller of a used, wrecked vehicle for salvage." Treadwell Ford, Inc. v. Campbell , 485 So.2d 312 , 318 (Ala. 1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cavalier Mfg., Inc. v. Jackson
green
2 sentences2002Therefore, the trial court abused its discretion in compelling Thicklin to arbitrate her express-warranty claim and her claims alleging Magnuson-Moss Act violations. 2 On rehearing, Riverchase argues that our embracing Cunningham conflicts with Cavalier Manufacturing, Inc. v. Jackson, supra. To the extent that Jackson is inconsistent with our holding in this case as to those matters also in issue in Cunningham, it is expressly overruled. 2002Therefore, the trial court abused its discretion in compelling Thicklin to arbitrate her express-warranty claim and her claims alleging Magnuson-Moss Act violations. 2 On rehearing, Riverchase argues that our embracing Cunningham conflicts with Cavalier Manufacturing, Inc. v. Jackson, supra. To the extent that Jackson is inconsistent with our holding in this case as to those matters also in issue in Cunningham , it is expressly overruled. | 2 | 2002–2002 |
Compass Point Condo. v. First Red. Sav.
green
2 sentences1997The Carys' warranty claim also fails because the sales contract specifically disclaims warranties by the seller and states that the purchaser takes the property "as is." Id. at 255 . *Page 1132 1997The Carys' warranty claim also fails because the sales contract specifically disclaims warranties by the seller and states that the purchaser takes the property "as is." Id. at 255 . | 1 | 1997–1997 |
Volkswagen of America, Inc. v. Harrell
green
2 sentences1988(See Volkswagen of America, Inc. v. Harrell, 431 So.2d 156 (Ala.1983), and Winchester v. McCulloch Brothers Garage, 388 So.2d 927 (Ala. 1981)." The jury verdict and the judgment entered thereon, in the amount of $73,500 on the warranty claim in favor of the Martins against Peterbilt Motors Company, is well within the range of recoverable damages proven at trial. 1988(See Volkswagen of America, Inc. v. Harrell , 431 So.2d 156 (Ala. 1983), and Winchester v. McCulloch Brothers Garage , 388 So.2d 927 (Ala. 1981)." The jury verdict and the judgment entered thereon, in the amount of $73,500 on the warranty claim in favor of the Martins against Peterbilt Motors Company, is well within the range of recoverable damages proven at trial. | 1 | 1988–1988 |
Winchester v. McCulloch Bros. Garage, Inc.
green
2 sentences1988(See Volkswagen of America, Inc. v. Harrell, 431 So.2d 156 (Ala.1983), and Winchester v. McCulloch Brothers Garage, 388 So.2d 927 (Ala. 1981)." The jury verdict and the judgment entered thereon, in the amount of $73,500 on the warranty claim in favor of the Martins against Peterbilt Motors Company, is well within the range of recoverable damages proven at trial. 1988(See Volkswagen of America, Inc. v. Harrell , 431 So.2d 156 (Ala. 1983), and Winchester v. McCulloch Brothers Garage , 388 So.2d 927 (Ala. 1981)." The jury verdict and the judgment entered thereon, in the amount of $73,500 on the warranty claim in favor of the Martins against Peterbilt Motors Company, is well within the range of recoverable damages proven at trial. | 1 | 1988–1988 |
Kyle v. McKenzie
neutral
1 sentence1918An examination of the authorities relied updn by counsel for appellant, among them Kyle v. McKenzie, 94 Ala. 236 , 10 South. 654 , Reynolds v. Lawrence, 147 Ala. 216 , 40 South. 576 , 119 Am. | 1 | 1918–1918 |
Sayre v. Sheffield Land, Iron & Coal Co.
neutral
1 sentence1918Irwin against the adverse claims and demands of all persons whomsoever.” From the ease of Sayre v. Sheffield Land, Iron & Coal Co., 106 Ala. 440 , 18 South. 101 , we take the following pertinent quotation: “In Chapman v. Abraham, 61 Ala. 114 , it was said: ‘It is settled in this state that if one, having at the time no/ title, convey lands by warranty, even the warranty which the law implies from the employment of the words “grant, bargain, sell and convey,” and afterwards acquires title, such title will inure and pass eo instanti to his vendee. | 1 | 1918–1918 |
Reynolds v. Lawrence
green
2 sentences1918An examination of the authorities relied updn by counsel for appellant, among them Kyle v. McKenzie, 94 Ala. 236 , 10 South. 654 , Reynolds v. Lawrence, 147 Ala. 216 , 40 South. 576 , 119 Am. 1918An examination of the authorities relied updn by counsel for appellant, among them Kyle v. McKenzie, 94 Ala. 236 , 10 South. 654 , Reynolds v. Lawrence, 147 Ala. 216 , 40 South. 576 , 119 Am. | 1 | 1918–1918 |
State v. Williams
green
2 sentences1918It clearly appears that Rayford obtained possession of the property from Walter, and we can therefore see nothing of advantage to the appellant in the use of the word “acquired” in the “intention clause.” The insistence as to the words “hereby conveyed” in the warranty clause is, we think, sufficiently answered by the case of State v. Williams, 32 Minn. 539 , 21 N. W. 746 , and needs no further comment here. 1918It clearly appears that Rayford obtained possession of the property from Walter, and we can therefore see nothing of advantage to the appellant in the use of the word “acquired” in the “intention clause.” The insistence as to the words “hereby conveyed” in the warranty clause is, we think, sufficiently answered by the case of State v. Williams, 32 Minn. 539 , 21 N. W. 746 , and needs no further comment here. | 1 | 1918–1918 |
Southern Iron & Steel Co. v. Stowers
green
2 sentences1917S. I. & S. Co. v. Stowers, 189 Ala. 314, 322 , 66 South. 677 ; Frederick v. Youngblood, 19 Ala. 680 , 54 Am. 1917S. I. & S. Co. v. Stowers, 189 Ala. 314, 322 , 66 South. 677 ; Frederick v. Youngblood, 19 Ala. 680 , 54 Am. | 1 | 1917–1917 |
Frederick v. Youngblood
neutral
1 sentence1917S. I. & S. Co. v. Stowers, 189 Ala. 314, 322 , 66 South. 677 ; Frederick v. Youngblood, 19 Ala. 680 , 54 Am. | 1 | 1917–1917 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.