Warranty Law
 
MARY ANNA BROWN v. JIM W. VANNOSTER, TAMMIE K. VANNOSTER, and Estate of TERRY V. BROWN, by TAMMIE VANNOSTER, Executor Named in Last Will and Testament of TERRY V. BROWN

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We begin with a condensed account of the background facts, since the parties are familiar with the details and much of that detail has no direct bearing on the legal issue at hand. Terry and Mary married in 2011. They had a prenuptial agreement under which Terry retained sole ow

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United States of America v. Quan Jiang




Portland, OR - Chinese National Sentenced to 37 Months in Federal Prison for Trafficking Counterfeit iPhones from Hong Kong

Quan Jiang, 30, a Chinese national and former engineering student at Linn Benton Community College in Albany, Oregon, was sentenced to 37 months in federal prison

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Domenic Bufalini and Lori Lee Bufalini v. Volkswagen Group of America, Inc., d/b/a Volkswagen of America and Audi AG



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San Francisco, CA - Domenic Bufalini and Lori Lee Bufalini v. Volkswagen Group of America, In

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J & V PROPERTY MANAGEMENT -vs- WAYNE LINK


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Mary Morris v. Hyundai Motor America

Mary Morris appeals from the trial court’s order awarding
her attorney fees following the settlement of Morris’s action
against Hyundai Motor America (Hyundai) under the
Song-Beverly Consumer Warranty Act (the Song-Beverly Act).
(Civ. Code, § 1790 et seq.) Morris sued Hyundai after she
purchased a defective used Hyundai vehicle that Hyundai
refused to repurchase. The partie

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In Re Estate of Harry J. Green, Deceased: Elide Cristina Garrido Green v. Shirley Cooley and Wilford Green

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Paul Terrell v. State Farm General Insurance Company

The facts in this case are not in dispute. Appellants purchased a San Francisco
property in 2000 (Property). They initially lived at the Property and obtained a
homeowners insurance policy from State Farm. Appellants moved out and began renting
the Property in 2003. They contacted their State Farm agent to inquire about appropriate
insurance coverage for the Property. At their dir

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HARVARD FINANCIAL SERVICES, LLC, et al., vs ASTRA REMY-CALIXTE

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This appeal arises from a 2007 foreclosure action (the “2007 Foreclosur

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JORGE ALFONSO FERNANDEZ vs ROMENA MARRERO

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Monica Belinda Zeier v. Zimmer, Inc. and Theron S. Nichols, M.D.



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¶1 A single dispositive issue is presented on appeal: whether the affidavit of merit1 require

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Miller v. Troy Laundry Mach. Co.

¶0 1. EVIDENCE - Parol Evidence to Prove Fraud Inducing Execution of Contract.
An exception to the parol evidence rule exists for the purpose of proving fraud in inducing execution of a written contract.
2. FRAUD - Rescission or Recovery of Damages as Remedy of Party Induced by Fraud to Execute Contract.
A contract may be rescinded, or damages recovered for the effect of the contract,

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JAMES MORRIS v. KANEQUIP, INC.

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Morris purchased a new tractor from KanEquip on Aug

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United States of America v. Treyton Lee Thomas




Raleigh, NC - Treyton Thomas Sentenced to 262 Months' Imprisonment for Multi-Million Dollar Investment Fraud Scheme and Income Tax Evasion

United States District Judge James C. Dever III sentenced TREYTON LEE THOMAS, age 63, to 262 months’ imprisonment for wire fraud and

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General Explosives Co. v. Wilcox

¶1 The appellant explosive company instituted this action below on January 28, 1926, against Ella Wilcox, to cancel a warranty deed from H. H. Wilcox to defendant below, which deed on its face appears to have been executed and delivered January 3, 1922, and duly recorded November 4, 1925, and "in consideration of the sum of $ 1 and other valuable considerations," and in conveyance of the N.E. 1/4

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Mid-State Homes, Inc. v. Charles P. Donnelly and Pracialla A. Donnelly

¶1 The appellees, Charles P. and Pricilla M. Donnelly, husband and wife, (Donnellys) contracted with Jim Walter Homes, Inc. (builder) for the construction of a shell house on their real property. Principal part of the contract price was paid by the Donnellys executing a non-negotiable note, secured by a real estate mortgage, to the builder. The builder assigned the note and mortgage to Mid-State H

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Kwang K. Sheen v. Wells Fargo Bank, N.A.


Homeowners in mortgage trouble may try to negotiate a
better deal. If mortgage modification negotiations fail and the
borrower falls behind, the lender may foreclose, sell the house, and
evict the homeowner.

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Miller v. Troy Laundry Machinery Co., Inc.

¶1 This is an appeal by the plaintiff in the trial court, from an order sustaining defendant's demurrer to plaintiff's evidence, and rendering judgment for defendant on its cross-petition.

¶2 The petition in its original form sought damages caused by an alleged breach of defendant's oral warranty as to fitness and condition of a certain laundry machine purchased by plaintiff from defendan

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Holcomb & Hoke, Mfg. Co. v. Jones

¶0 1. Contracts--Fraud--Remedies.
A party who, by fraud, has been induced to enter into a contract has, upon discovery thereof, a choice of two classes of remedy, to wit, rescission or affirmance.
2. Same--Rescission--Restoration of Consideration.
A party attempting to rescind a contract must comply with the statutes by offering to restore, or by restoring, everything which is of value

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Anne Antor v. Jaguar Land Rover North America, LLC


Detroit, MI - Anne Antor sued Jaguar Land Rover North America, LLC on a Magnuson-Ferguson Warranty Act violation theory.

This case was filed in the Circuit Court, Wayne County, Michigan, Case No.: 18-015859-NZ,

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Mary Hanna v. Mercedes-Benz USA, LLC

To settle Mary Hanna’s lawsuit under the Song-Beverly
Consumer Warranty Act (Civ. Code, § 1790 et seq.), MercedesBenz
USA, LLC agreed on January 27, 2017 to pay Hanna
$60,000 plus a sum equal to her costs and expenses in pursuing
the action, “including attorney’s fees based on actual time
reasonably incurred . . . pursuant to Civil Code Section 1794(d),
to be determined by

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Donnie Sullivan and Brittany Sullivan v. Get Right Auto, LLC and Credit Acceptance Corporation





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CROSS BAR LAND COMPANY, LLC v. JAMES M. BOW; BARBARA JEAN MULLINIX and BARRY WAYNE MULLINIX, Trustees of the MULLINIX FAMILY TRUST Dated JUNE 18, 2014; and VIRGINIA BATES REVOCABLE LIVING TRUST, by and through MARGARET NICKEL, Trustee, et al.

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In 1995, Virginia Bates entered into a contract to sell a portion of her land to Leon V. Mason. Bates and her husband executed a

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Southern California Gas Company v. The Superior Court of Los Angeles, First American Wholesale Lending Corporation, Real Party in Interest

This case concerns a massive, months-long leak from a
natural gas storage facility located just outside Los Angeles.
According to the allegations before us, the accident severely
harmed the economy of a nearby suburb. We must decide if local
businesses — none of which allege they suffered personal injury
or property damage — may recover in negligence for income lost
because

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Cities Service Co. v. Gulf Oil Corp.

¶1 While the appeal before us presents complex procedural questions of both state and federal character and some first-impression matters of adjective law, the case's legal issues are posed in the context of two rather straightforward queries - (1) Was Gulf Oil Corporation, now Chevron USA Inc., and GOC Acquisition Corporation [collectively Gulf] justified in terminating the merger agreement betwe

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Erie Insurance Company, a/s/o v. Amazon.com, Inc. and Ebay, Inc.





The main issue before us is whether Amazon.com, Inc., is subject to liability for a defective product that a customer purchased on its website from a third-party seller with Amazon “fulfilling” the transaction by storing the product and shipping it to the customer.
Trung

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