- Ag Docket
The plaintiff had been a farmer for 54 years and needed a tractor with more horsepower to use in his farming operation. The plaintiff saw the defendant's online ad for a 1994 John Deere tractor which stated that the tractor was in "excellent condition." The defendant also told the plaintiff over the phone and in person that the tractor was "field ready." The plaintiff inspected the tractor and was informed that the engine had been rebuilt and the tractor repainted. The plaintiff operated the tractor down the road for a mile and informed the defendant that a hose and hydraulic plug needed replaced. The repairs were made and the plaintiff bought the tractor for $47,000. The day after delivery, the plaintiff discovered a major oil leak and a mechanic's inspection revealed major mechanical malfunctions and that the tractor needed numerous repairs before it could be used. The defendants refused to take the tractor back or refund the purchase price. The plaintiff sued for breach of express warranty and breach of implied warranty of fitness for particular purpose. The trial court ruled for the defendant on the basis that neither an express warranty nor an implied warranty of fitness had been created. On appeal, the court affirmed. No express warranty became a part of the basis of the bargain because the plaintiff inspected the tractor, determined it was in need of some repairs and was familiar with tractors based on his experience. Likewise, no implied warranty of fitness existed because the plaintiff was an experienced farmer and had inspected the tractor and demanded that repairs be made before delivery. Thus, the plaintiff did not rely on the defendant's skill or judgment in furnishing the tractor. Chinn v. Fecht, No. 3-14-0320, 2015 Ill. App. Unpub. LEXIS 20 (Ill. Ct. App. Jan. 9, 2015).
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