Willingham v. Ward Truck Sales, Inc.

Carley, Judge.

In September 1978, appellee-Ward Truck Sales (Ward) sold a used vehicle to appellant-Willingham under an “as is” warranty. The vehicle developed engine trouble and was returned to Ward for repairs. By October 1,1978, certain service and repair work had been performed by Ward and a bill was submitted to Willingham in the amount of $108.12. Willingham subsequently experienced further difficulties with the truck. It is undisputed that at some point in time Ward and Willingham agreed to each assume one-half of the expense involved in making the necessary additional repairs to the…