Chaq Oil Company v. Gardner MacHinery Corporation

CURTISS BROWN, Justice.

This is a suit for damages arising from an alleged breach of implied warranties of merchantability and fitness for a particular purpose. Appellant, Chaq Oil Company (Chaq), plaintiff below, purchased a used “crawler-tractor” from appellee, Gardner Machinery Corporation (Gardner). Rather extensive repairs to the machine were later made by Chaq and this suit was brought for the purchase price plus the cost of the repairs. Trial was to the court. Plaintiff’s managing partner was the only-witness called. The court then entered a take-nothing judgment against Chaq. Chaq has…