Business Law: Principles for Today's Commercial Environment 3rd Edition by Marianne Moody Jennings, David Twomey, Marianne Jennings

Exercise 16

Paul Parrino purchased from Dave's Professional Wheelchair Service a wheelchair manufactured by 21st Century Scientific, Inc. The sales brochure from 21st Century Scientific stated that the wheelchair would "serve [the buyer] well for many years to come." Parrino had problems with the wheelchair within a few years and filed suit against Dave's and 21st Century for breach of express warranty. Both defended on the grounds that the statement on years of service was puffery, not an express warranty. Are they right [Parrino v Sperling, 648 NYS2d 702]