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JACOBS v. YAMAHA MOTOR CORP., U.S.A.

420 Mass. 323 (1995)

STEVEN C. JACOBS vs. YAMAHA MOTOR CORPORATION, U.S.A.

Supreme Judicial Court of Massachusetts, Middlesex.

May 11, 1995.

Attorney(s) appearing for the Case

Geoffrey D. Wyler (Thomas Edward Thompkins, Jr., with him) for the defendant.

Michael J. Tremblay for the plaintiff.

Present: WILKINS, ABRAMS, NOLAN, & GREANEY, JJ.

WILKINS, J.

On April 13, 1983, the plaintiff purchased a new Yamaha motorcycle for $5,162 from a Yamaha dealer in Hudson. In connection with the sale, the defendant Yamaha expressly warranted that the motorcycle was "free from defects in material and workmanship" and, to the extent permitted by law, disclaimed all other warranties, express or implied.

The plaintiff had many problems with the motorcycle, which was a new Yamaha model that year. The warranty...

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