Walker Ford Sales v. Gaither

Frank Holt, Justice.

The trial court, sitting as a jury, awarded appellees damages of $1,000 against appellant Walker Ford Sales and $1,000 against appellant Ford Motor Company for breach of warranty. Appellants first assert for reversal that the court erred in ruling that appellants breached an implied warranty of merchantability because such warranty had been conspicuously excluded by the express warranty and because appellees had examined the car and were aware of its alleged defect at the time of the sale.

Appellees bought a 1974 Ford Thunderbird on July 13, 1974, from appellant Walker Ford…