DeVoe Chevrolet-Cadillac, Inc. v. Cartwright

CONOVER, Judge.

Defendant-Appellant DeVoe Chevrolet, Cadillac, Inc. (DeVoe) appeals the trial court's judgment in favor of Plaintiffs-Ap- pellees James and Theresa Cartwright (Cartwrights).

We reverse.

DeVoe presents one issue for our review. Restated, it is:

did the trial court err by granting judgment for the Cartwrights and denying De-Voe's counterclaim.

The Cartwrights test drove a 1980 Che-vette which they later purchased on December 13, 1985. During the drive the couple did not smell exhaust fumes. They bought the car "As Is". 1 The sales contract excluded all express warranties and the…