Self-employed construction contractor

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Reference no: EM133855391

Question

Ronald Anders, a self-employed construction contractor, went to a Home Depot store to buy lumber for a construction project. It was raining, so Anders bought a tarp to cover the bed of his pickup truck. To secure the tarp, Anders bought a bag of cords made by Bungee International Manufacturing Corp. The printed material on the Bungee bag included the words "Made in the U.S.A." and "Premium Quality." To secure the tarp at the rear of the passenger's side, Anders put one hook into the eyelet of the tarp, stretched the cord over the utility box, and hooked the other end in the drainage hole in the bottom of the box. As Anders stood up, the upper hook dislodged and hit him in the left eye. Anders filed a suit in a federal district court against Bungee and others, alleging in part breach of express warranty. Anders alleged that the labeling on the bag of cords was an express warranty that "played some role in [his] decision to purchase this product." Bungee argued that, in regard to the cords' quality, the statements were puffery. Bungee filed a motion for summary judgment on this issue. Will the court grant the motion? Why or why not?

Reference no: EM133855391

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