ITT-Industrial Credit Co. v. Milo Concrete Co.

BRITT, Judge.

APPEAL OF MILO

Milo contends that the trial court erred in directing a verdict with respect to its counterclaim against plaintiff based on breach of warranty and in instructing the jury that plaintiff was not subject to a defense based on breach of warranty. These contentions are without merit.

Plaintiff is the assignee of a retail installment sales contract entered into between seller Case and the buyer Milo. This contract contains a valid “waiver of defenses” provision which provides that: “Buyer agrees not to assert against the assignee any defense, offset or counterclaim which…