Barksdale v. Van's Auto Sales, Inc.

The defendant-appellant contends that where a sale of a motor vehicle under written contract provides an “as is — no warranty” clause, such language means exactly what it states. Defendant submits that in the absence of fraud, a court cannot subsequently hold that such language is meaningless as to a portion of the vehicle which the purchaser wishes to have warranted.

In the posture the cause subjudice is presented for our consideration, it is readily apparent that the court of appeals below did not review or decide the substantive arguments of defendant since the appeal perfected by defendant…