G. M. C. Truck Co. v. Kelley

Opinion by

ESTES, C.

Parties will be referred to as they appeared in the trial court, inverse to their order here. Plaintiff, Kelley, bought a motor truck from defendant corporation for $2,950. As. finally amended, plaintiff’s petition contained two causes of action. In the first, it was alleged that, as a part of the purchase, defendant “Impliedly warranted that the truck was suitable to perform the ordinary work which said truck was made to do.” Plaintiff also alleged wherein the truck failed to comply with such warranty; that said price was the reasonable market value of said truck if same…