Clements v. Lanning

This, case arises out of the sale by respondent to appellant of a tractor and bulldozer for $6,500. Appellant sued for damages resulting from the claimed breach of an express warranty, for $10,298.86. The court gave judgment for. $1;000, and being dissatisfied therewith, plaintiff appealed.

The complaint is in four counts. The first is based on an express warranty, the second, on an implied warranty, the third on alleged fraud in the negotiations leading up to the sale, and the fourth on a claimed- overcharge in the sale price. A nonsuit was granted as to the count on implied warranty and…