United American State Bank v. Wild West Chrysler Plymouth, Inc.

The opinion of the court was delivered by

Owsley, J.:

This is a suit brought by United American State Bank and Trust Company (hereinafter referred to as United), against Wild West Chrysler Plymouth, Inc. (hereinafter referred to as Wild West), for breach of an express warranty contained within an assignment provision of a security agreement-retail installment note. The trial court, after hearing evidence, found Wild West had breached the warranty and awarded United $4,674.83. Wild West appeals.

The lawsuit arose from a transaction involving the purchase and financing of an automobile. On July…