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NORMAN GERSHMAN'S v. MERCEDES-BENZ

558 A.2d 1066 (1989)

NORMAN GERSHMAN'S THINGS TO WEAR, INC., a corporation of the State of Delaware, Plaintiff, v. MERCEDES-BENZ OF NORTH AMERICA, INC., a corporation of the State of Delaware, and I.G. Burton & Company, Inc., a corporation of the State of Delaware, Defendants.

Superior Court of Delaware, New Castle County.

Decided: February 10, 1989.

Attorney(s) appearing for the Case

Christopher J. Curtin, of Sawyer & Akin, P.A., Wilmington, for plaintiff.

L. Coleman Dorsey, and Joseph M. Bernstein, Wilmington, for defendant Mercedes-Benz of North America, Inc.

N. Maxon Terry, Jr. of Jackson, Terry & Wright, Dover, for defendant I.G. Burton & Co., Inc.

TAYLOR, Judge.

This suit involves the sale of an allegedly defective automobile to plaintiff Norman Gershman's Things to Wear, Inc. [Gershman's]. The car was distributed by defendant Mercedes-Benz of North America, Inc. [Mercedes] and sold to Gershman's by defendant I.G. Burton & Co., Inc. [Burton]. In its complaint Gershman's has alleged against both defendants breach of numerous warranties; failure of the essential...

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