Rogers v. Zielinski

This is an action of assumpsit to recover damages growing out of the sale of a used Mercedes-Benz automobile by the defendant to the plaintiff. The case was tried before a justice of the superior court sitting without a jury and resulted in a decision for the defendant for costs. The case is here on the plaintiff’s single exception to the trial justice’s decision.

The amended declaration contains two counts, the first being on an express warranty whereby defendant promised plaintiff that the automobile was in excellent condition and was guaranteed for 64,000 miles, but that actually it was not…