Payne v. Chal-Max Motor Co.

1. Mrs. Lois Payne bought an automobile, signed a contract of purchase, and gave a series of notes. On default of the payment of a portion of the notes an attachment for the balance of the purchase-price was issued and levied, and a declaration was filed. Pleas ^tting up that the automobile was defective and not suited to the purpose intended were amended so as to show that the defendant elected “to rely on the state*678ments in her answer of implied warranty” only. The contract contained the following: “The vendor does not warrant said property except that the title to same is in the vendor and…