Citation Edit

Investors Premium Corp. v. Burroughs Corp., 389 F. Supp. 39 (D.S.C. 1974) (full-text).

Factual Background Edit

The vendor recommended using only one of its computers to handle the work of the purchaser. However, the purchaser conducted its own study and, discovering that one would be insufficient to handle the job, ordered two units. The contracts were executed after the need for two machines had become evident to the purchaser.

Trial Court Proceedings Edit

The court found that there was no reliance on the original recommendation and that by signing the later contract which called for two units, the purchaser waived its rights to bring suit upon Burrough's preliminary miscalculations.

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