Eckstein v. Cummins

Defendant appeals from a judgment in favor of plaintiff in the sum of $3,461.54 for breach of warranty by defendant incident to the sale to plaintiff of a 1971 Dodge Dart. The breach of warranty arose out of defendant’s failure or inability to remedy defects, a whirring hum in the mqtor when the Dodge attained a certain speed. The amount awarded represented the original purchase, price of the Dodge.

This case reached this court on an earlier appeal wherein the judgment of the trial court in favor of .plaintiff was affirmed on the breach of warranty issues, but the; part of the judgment…