Norton Buick Company v. EW Tune Company

The plaintiff alleged in its petition, in part, that on or about the 13th day of July, 1954, plaintiff and the defendant entered into an oral contract whereby the plaintiff agreed to buy, and the defendant agreed to sell a 1954 model Buick two-door Super Riviera automobile for $4,550. The plaintiff made a down payment of $2,250 to the defendant, and the balance to be paid in 23 monthly installments of $133.24 per month, and the automobile was delivered to the plaintiff. That the defendant impliedly warranted to the plaintiff that the said automobile was sound and made in good workmanlike…