Dirico v. Fuqua Chrysler-Plymouth, Inc.

GARRARD, Judge.

This appeal concerns a claim for breach of express warranty in the sale of a used automobile. Fuqua Chrysler-Plymouth, Inc. (Fuqua) purchased a 1978 Chevrolet Impala (the car) through the Fort Wayne Auto Auction from Alfred Dirico, d/b/a Center Motor Sales (Dirico) in July, 1983. Fuqua sold the car to a retail purchaser and was subsequently sued in federal court by that purchaser pursuant to 15 U.S.C. § 1989 because the car had more than 128,-000 miles on it when purchased rather than the 50,864 shown on the odometer. That action resulted in a judgment against Fu-qua and it…