CONSOLIDATED GENERATOR-NEVADA, INC. D/B/A CONSOLIDATED GENERATOR SERVICE, A NEVADA CORPORATION, Appellant/Cross-Respondent, vs. CUMMINS ENGINE COMPANY, INC., AN INDIANA CORPORATION DOING BUSINESS IN THE STATE OF NEVADA, Respondent/Cross-Appellant, and INGERSOLL-RAND COMPANY D/B/A INGERSOLL-RAND CONSTRUCTION EQUIPMENT AND SALES, A NEW JERSEY CORPORATION QUALIFIED TO DO BUSINESS IN THE STATE OF NEVADA, Respondent., 114 Nev. 1304

Summary

When the bankruptcy court ordered appellant client to turn over generators to respondent seller, appellant filed complaints against respondents, seller and manufacturer. The trial court granted respondents' motions for summary judgment, except for appellant's claim to recover damages for unreimbursed repair costs. The court affirmed in part and reversed in part. Under California law, which applied to the contract between the parties, summary judgment was proper as to appellant's implied warranty. An issue existed as to whether respondent seller's representation of continuous duty became a part of the bargain, which supported the breach of express warranty claim and breach of implied covenant of good faith and fair dealing claim. Grant of respondent's motion for summary judgment was proper regarding appellant's garagemen's lien. There was no proof that respondents agreed and intended to harm appellant, thus, appellant's claim of civil conspiracy failed. The issue of repair costs was ...