Cox Motor Car Company v. Castle

CULLEN, Commissioner.

Cox Motor Car Company appeals from a judgment which awarded appellee Roy Castle $2,000 damages for breach of warranty in the sale to him of a Chevrolet truck by the appellant and which denied appellant recovery on its counterclaim for $1,728:28 alleged to be due as the unpaid balance of the purchase price of the truck.

Castle purchased the truck, new, from Cox Motor Company in December 1960. The written warranty given with the truck was in part as follows:

“Dealer warrants each new Chevrolet motor vehicle and chassis * * * sold by Dealer to be free from defects in material…