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CONSOLIDATED GENERATOR v. CUMMINS ENGINE CO.

No. 29409.

971 P.2d 1251 (1998)

CONSOLIDATED GENERATOR-NEVADA, INC. d/b/a Consolidated Generator Service, A Nevada Corporation, Appellant/Cross-Respondent, v. CUMMINS ENGINE COMPANY, INC., An Indiana Corporation Doing Business in the State of Nevada, Respondent/Cross-Appellant, and Ingersoll-Rand Company d/b/a Ingersoll-Rand Construction Equipment and Sales, A New Jersey Corporation Qualified to do Business in the State of Nevada, Respondent.

Supreme Court of Nevada.

December 29, 1998.

Attorney(s) appearing for the Case

Christensen & Boggess, Las Vegas, for Appellant/Cross-Respondent.

Barker, Brown, Busby, Chrisman & Thomas, Las Vegas, for Respondent/Cross-Appellant, Cummins Engine.

Christopher G. Gellner, Las Vegas, for Respondent Ingersoll-Rand.

OPINION

PER CURIAM.

Appellant Consolidated Generator-Nevada (CGN) rented portable generators (gensets) from Consolidated Generator Service (CGS) shortly after CGN's incorporation in May 1989. The gensets were originally purchased by CGS from Ingersoll-Rand (IR) and they are equipped with Cummins engines. IR and Cummins both have written warranties that exclude express and implied warranties, as well as consequential or incidental damages.

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