Smith v. Campbell

COLLINGS, Justice.

This is a summary judgment case. Orarles R. Smith brought suit against Nathan J. Campbell, who was doing business as Mission Motors, for alleged breach of an oral ninety day warranty in connection with the purchase of a Mobile Home trailer house, seeking judgment against the defendant in the sum of $3,796.96. By amended pleadings plaintiff alleged that “by mutual mistake or accident” a written agreement was executed by the parties expressly excluding the existence of warranties as agreed upon by the parties and further that the defendant fraudulently and falsely represented…