Neuhoff v. Marvin Lumber and Cedar Co‪.‬

Plaintiffs-appellants, Roger and Louise Neuhoff (hereinafter jointly referred to as ""the Neuhoffs"") brought a diversity action against defendants-appellees Marvin Lumber & Cedar Company and Marvin Windows of Tennessee, Inc. (hereinafter jointly referred to as ""Marvin"") for breach of an oral contract, breach of implied warranty, violation of Mass. Gen. Laws ch. 93A, and promissory estoppel. The district court granted Marvin's motion for summary judgment on all four claims. We conclude that the district court appropriately granted summary judgment on the first three claims, but inappropriately granted summary judgment on the promissory estoppel claim. We, therefore, affirm in part and reverse in part. I. Background In 1991, the Neuhoffs purchased and installed sixty windows manufactured by Marvin. In 1994, the Neuhoffs noticed that many of the windows were decaying and notified Simon Hickman, the contractor who installed the windows, of the decay.