Gordon v. Northwest Auto Auction, Inc.

Judge GREENE

dissenting.

I disagree with the conclusion of the majority that the defendant auction company “warranted that the seller of the automobile had title to it.” The warranty executed by the defendant guaranteed only that title to the automobile was “free and clear of all liens and encumbrances.” It did not guarantee that the seller had that title. The owner of the automobile, the seller, did however in a separate agreement, covenant that he was “the true and lawful owner” of the automobile.

I find the language of the warranty to be clear and unambiguous, and this court cannot, as the…