Payne v. Valley Motor Sales, Incorporated

Berry, Judge:

On October 9,1961, this Court granted a writ of error to a judgment of the Circuit Court of Kanawha County of September 8, 1961, which reversed and set aside a $1768.18 judgment of the Common Pleas Court of Kanawha County in favor of the plaintiff, Clayton 0. Payne, against the defendant, the Valley Motor Sales, Inc.

This case involves a point of law not heretofore directly considered by this Court dealing with the effect of an express warranty given by an automobile dealer limiting the damages recoverable under such warranty and specifically excluding all other warranties, either…