warranty claim (Alabama) · Go Syfert
← Alabama issues

warranty claim in Alabama

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.

Followed or applied (6)

CaseFollowedCited
Mobile Infirmary v. Delchampsgreen
ala · 1994 · cited in 2 Alabama opinions naming this issue, 2018–2018
2 sentences

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.").

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.").

22
Windham v. Hendersongreen
ala · 1995 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010Applying § 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).

11
Schweich v. Ziegler, Inc.green
minn · 1990 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009Under 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).

11
McCormack v. Hankscraft Companygreen
minn · 1967 · cited in 1 Alabama opinions naming this issue, 2009–2009
2 sentences

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

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

11
United States v. Carroll Towing Co.green
ca2 · 1947 · cited in 1 Alabama opinions naming this issue, 2006–2006
1 sentence

2006Cf. 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.

11
Treadwell Ford, Inc. v. Campbellgreen
ala · 1986 · cited in 1 Alabama opinions naming this issue, 1995–1995
2 sentences

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).

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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Cavalier Mfg., Inc. v. Jackson green
ala · 2001
2 sentences

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.

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.

22002–2002
Compass Point Condo. v. First Red. Sav. green
ala · 1994
2 sentences

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 . *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 .

11997–1997
Volkswagen of America, Inc. v. Harrell green
ala · 1983
2 sentences

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.

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.

11988–1988
Winchester v. McCulloch Bros. Garage, Inc. green
ala · 1980
2 sentences

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.

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.

11988–1988
Kyle v. McKenzie neutral
ala · 1891
1 sentence

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.

11918–1918
Sayre v. Sheffield Land, Iron & Coal Co. neutral
ala · 1894
1 sentence

1918Irwin 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.

11918–1918
Reynolds v. Lawrence green
ala · 1906
2 sentences

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.

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.

11918–1918
State v. Williams green
minn · 1884
2 sentences

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.

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.

11918–1918
Southern Iron & Steel Co. v. Stowers green
ala · 1914
2 sentences

1917S. 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.

11917–1917
Frederick v. Youngblood neutral
ala · 1851
1 sentence

1917S. I. & S. Co. v. Stowers, 189 Ala. 314, 322 , 66 South. 677 ; Frederick v. Youngblood, 19 Ala. 680 , 54 Am.

11917–1917

Where else courts name it

TX 52 (1895–2026) NY 26 (1826–2024) CA 22 (1932–2024) OK 16 (1932–2019) LA 15 (1929–2024) GA 14 (1886–2006) IL 12 (1886–2012) NC 12 (1892–2009) AL 12 (1917–2018) NJ 11 (1968–2019) PA 11 (1933–2022) MN 10 (1985–2015) ND 9 (1992–2020) CO 8 (1950–2015) MI 8 (1975–2018) OH 8 (1929–2022) WA 8 (1911–2002) IN 7 (1890–2017) VA 7 (1910–2012) FL 6 (1991–2008) SC 6 (1911–2006) MA 6 (1978–2023) MO 5 (1905–1988) VT 4 (1998–2026) NM 4 (1983–2025) WI 4 (1896–2025) MS 4 (1953–2008) KY 4 (1955–2015) SD 3 (1986–2008) UT 3 (1992–2021) CT 3 (1987–2015) MT 3 (1950–1953) WY 3 (1986–2016) OR 2 (1971–2022) DC 2 (1996–2024) AR 2 (1937–1974) MD 2 (1983–2001) AK 2 (1982–2014) IA 2 (2000–2020) ME 2 (1985–2002) DE 2 (2004–2019) KS 2 (1909–1998)

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.

← Caselaw search · G Cite Topics · Brief Check