Titan Truck Co. v. Richardson

— This is an action to replevin a three and one-half ton Titan truck, sold to respondent upon conditional sale, the complaint alleging that respondent had failed to make the payments provided for. As a defense to the action, the respondent set up a counterclaim for damages, alleging that the truck had been sold to him on an express warranty, which had been breached. The trial before a jury resulted in a verdict in the sum of $4,328.25 on the counterclaim, and the truck company has appealed.

The express warranty which the respondent claims was breached was one made by the salesman that the…