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LUMBER MUT. v. CLARKLIFT

Docket No. 191457.

569 N.W.2d 681 (1997)

224 Mich. App. 737

LUMBER MUTUAL INSURANCE COMPANY, as subrogee of Heart Truss & Engineering Corporation, Plaintiff-Appellant, v. CLARKLIFT OF DETROIT, INC., Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 25, 1997, at 9:40 a.m.

Released for Publication October 28, 1997.

Attorney(s) appearing for the Case

Morrison, Mahoney & Miller by Jeffrey R. Learned and Michele A. Chapnick, Southfield, for Plaintiff-Appellant.

Foster, Swift, Collins & Smith, P.C. by John L. Collins, Lansing, for Defendant-Appellee.

Before MacKENZIE, P.J., and HOLBROOK, Jr., and T.P. PICKARD, JJ.

PER CURIAM.

In this breach of warranty action, plaintiff appeals as of right from the circuit court's order granting defendant summary disposition pursuant to MCR 2.116(C)(10). We affirm.

In 1992, defendant leased a used forklift to Heart Truss & Engineering Corporation for three months, after which Heart Truss bought the forklift from defendant. Both the work order for the sale and the purchase invoice contained the language: "WARRANTY: AS IS, NO WARRANTY...

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