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A Seller Agrees to Deliver to a Buyer Certain Carpet

Question 63

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A seller agrees to deliver to a buyer certain carpet.The written contract calls for "1,000 square yards of carpeting,strands to be one-half inch long and twisted,400 strands per square inch,made from our nylon-wool blend,color navy blue." The contract,at the bottom,contained the following clause: "This contract contains no warranties,either express or implied." When the carpeting is delivered,the strands are only three-eighths inch long,are not twisted,and there are only 350 strands per square inch.The buyer sues the seller for breach of express and implied warranties.Discuss the buyer's contentions and the seller's response.

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