Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 16

When James River Equipment Co. bought an implement dealership from Beadle County Equipment Inc., a separate schedule attached to the sales agreement and incorporated by reference listed each piece of used equipment included in the sale. Five combines listed on the schedule had significantly more use than indicated, which reduced their value. The sales agreement states that the implements were purchased "in an AS IS condition" and that Beadle made no representations about them "except as specifically provided in this Agreement." James River sued for breach of express warranty alleging that the hours of use in the schedule constituted an express warranty. Beadle alleged that "as is" disclaimed any description of the implements. You decide.