McPeak v. Boker

Loring, Chief Justice.

This is an appeal from an order of the district court for Washington county denying the alternative motion of defendant William E. Boker (hereinafter referred to as appellant) for judgment notwithstanding the verdict or a new trial. The action was for breach of warranty in the sale of a cruiser. While appellant assigns numerous errors, it is conceded that only one question is presented for decision. That is whether a purported disclaimer in the bill of sale was an effective disclaimer as to an implied warranty of fitness for use.

Appellant was the owner of the cruiser,…