P & S Leasing Co. v. Ray Smith Ford, Inc.

TITUS, Judge.

Plaintiff P & S Leasing Company (in the business of leasing trucks to the Pepsi-Cola & 7-Up Bottling Company of Springfield) purchased five Ford trucks from defendant Ray Smith Ford, Inc., under a contract which specified, inter alia, that the trucks would be equipped with 15 X 6 inch rear brakes. As delivered, the trucks were equipped with I6V2 X 4½ inch rear brakes. Contending that the smaller brakes diminished the value of the trucks and additionally had been installed wrong necessitating-repairs, plaintiff sued defendant Smith to recover total damages of $11,094.71 (loss of…