Holmes v. David H. Bricker, Inc.

Plaintiffs brought this action in the municipal court to recover damages for injury to their automobile. The court sustained defendant’s demurrer to the complaint without leave to amend on the ground that the action was barred by a judgment plaintiffs had obtained for personal injuries suffered in the same accident. Plaintiffs appeal from the ensuing judgment of dismissal.1

On August 24, 1962, plaintiffs purchased a used automobile from defendant. The contract of sale contained an express warranty that 11 The used car sold herein is hereby warranted to be in good operating condition and to…