The case of Milton Herring v. Home Depot, Inc. and Deere & Co

The case of Milton Herring v. Home Depot, Inc. and Deere & Co arose from the sale of a 1999 Scotts Riding Mower, which includes a limited warranty is issued providing that Deere would “repair or replace, at its option, any covered part which is found to be defective in material or workmanship during the applicable warranty term,” and that warranty repairs had to be performed by an authorized repairman. The case emphasized that breach of warranty is a distinct and separate remedy from revocation of acceptance.