Valley Datsun v. Martinez

OPINION

BISSETT, Justice.

This is a suit for damages flowing from the alleged failure of a newly purchased used automobile to function properly. In July of 1977, Jose Martinez, hereinafter referred to as “plaintiff,” purchased a 1971 Volkswagen camper from Valley Datsun, Inc.; hereinafter referred to as “defendant.” Some two days after it was picked up from the defendant’s lot, the camper sustained a burned-out clutch and thrown rod. Thereafter, plaintiff brought suit against defendant to recover damages.

Trial was to a jury which found favorably to the plaintiff in response to special issues.…