WEISS v. KEYSTONE MACK SALES, INC.


310 Pa.Super. 425 (1983)

456 A.2d 1009

Milton WEISS, Jr., Appellant, v. KEYSTONE MACK SALES, INC.

Superior Court of Pennsylvania.

Filed February 11, 1983.


Attorney(s) appearing for the Case

John Kerry Weston, Norristown, for appellant.

Timothy O. Nolen, Norristown, for appellee.

Before SPAETH, CAVANAUGH and MONTEMURO, JJ.


SPAETH, Judge:

This is an appeal from an order entering summary judgment. The action is for damages arising from the purchase and repair of a truck. The lower court held that damages were precluded because the purchase order stated that the truck was being sold "as is — where is." However, the lower court did not consider conduct by the seller subsequent to the purchase order, thereby leaving unresolved the issues of whether all warranties had been effectively...

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