Stephens-Franklin Motors, Inc. v. Lambros

(specially concurring).

I concur in the result reached in the majority opinion but desire to state my reasons therefor. I cannot agree with the statements made that it is only when a car is in good operating condition that the dealer “has the right to warrant it”. The appellant-dealer in this case undoubtedly believed that the car was in good operating, condition and did, in. fact, warrant it, and became liable in damages for a breach of the conditions of the warranty.

One of the purposes of the Act in question was to place price limitations upon used cars. The Act provides for an “as is” price…