Delta Motors, Inc. v. Childs

The questions raised here are (1) the proper measure of damages for breach of express warranty in a buyer’s defense to a seller’s suit for the purchase price; and (2) whether the jury could find a waiver by seller of a contractual provision for acceptance of defects by buyer’s use of the machine.

Appellant, Delta Motors, Inc., filed this suit in the Circuit Court of Humphreys County against appellee, E. Gr. Childs, seeking to recover the balance due on a note of Childs to plaintiff of $1,116.82 resulting from a sale to Childs of a new hay baler. The declaration contained a second count for…