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THEOS & SONS, INC. v. MACK TRUCKS, INC.

431 Mass. 736 (2000)

THEOS & SONS, INC. v. MACK TRUCKS, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

June 20, 2000.

Attorney(s) appearing for the Case

Russell R. Weddell for the plaintiff.

William J. Dailey, III, for the defendant.

Richard J. O'Neil, Jr., for Vigor Diesel Injection, Inc., was present but did not argue.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.

MARSHALL, C.J.

This action arises from the sale, resale, and alleged negligent repair of a Mack truck. It concerns the effect of a manufacturer's disclaimer of an implied warranty of merchantability on a subsequent purchaser who was unaware of the disclaimer. It also concerns a manufacturer's liability under agency principles for the actions of the manufacturer's authorized parts and service dealer, when that dealer is engaged...

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