Checkpoint Foreign Car Service, Inc. v. Sweeney

On March 22, 1966, Sweeney, the appellee, purchased a previously owned 1963 Austin Healy Sprite from a large dealer in foreign automobiles, paying $900. The testimony reveals that the car was in good condition at the time of its purchase, that the appellee drove it between 5,000 and 6,000 miles, that he did not participate in any racing activities with it and that it was not involved in any accident. In addition, new tires were put on the car and Sweeney’s friend, Kennicott, performed both a valve job and a motor tune-up on it.

In September of that year, prior to leaving for military service…