Puhalsky v. Barrows
The court found the excavator was misdescribed as low-hours and not sold on an effective “as is” basis, awarding repair damages, incurred repair costs, punitive damages, and interest.
- Breach of contract
- Misrepresentation (fraudulent and negligent)
- Sale of goods act - implied conditions (fit for purpose, merchantable quality, correspondence with description)
- Caveat emptor
- Damages (repair costs, punitive damages, interest)
- Costs