Colella v. Smith-Fredenburg Corp.

Thompson, J,

Plaintiff has recovered a judgment of $1,745 against defendant for the breach of an implied warranty of fitness for the particular purpose for which defendant knew plaintiff purchased a “ Model 37 B Selden truck,” the purchase being effected by the usual written contract of sale, in which plaintiff directed defendant to enter his order for the truck under its trade name, as above set forth, and which defendant accepted. The contract also contained the following: “ It is mutually agreed that there are no agreements or conditions pertaining to this order not stated herein.”

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