On Fri, 9 Apr 2010 19:06:23 -0400, "Sanity" wrote:



"JimT" wrote in message
...

"Frank from Deeeetroit" wrote in message
...
On Apr 9, 3:12 pm, (Jonathan Kamens)
wrote:
"JimT" writes:
Anyone want to tackle "expressly disclamed by name"? Jonathan? :-)

Nothing we have been told in this thread suggests that Lowe's
disclaimed the warranty of fitness for purpose when selling
the product to the OP.

On the contrary, the OP specifically asked a Lowe's associate
if the product would perform similarly to similar products
sold by Lowe's in prior years, and the associate told him that
it would. That statement by the associate to the OP prior to
purpose established a warranty of fitness for purpose.

You are assuming the associate, in fact said that, and if the OP can
prove said associate said that.



snip

I don't think that even matters. They both had basically the same info.

Apparently, the NCGA protects businesses from frivolous law suits. As it
should be. If Lowes pays off, it will be just to shut him up. Anything
under 30k isn't worth going to court over. It's crap like this that drives
prices up.

Thanks


And how much would it cost to shut you up? You're making a Federal case over
this. I don't know who you're trying to impress, yourself or the other
idiots.

What's come over you? You've gotten quite testy since the start of
the thread.