Twin City Motor Co. v. Pettit

On the Merits.

The notarial act of sale of the automobile contains this stipulation, viz.: “The mortgagor hereby waives any and all warranties, expressed or implied.”

Employing this waiver as á basis, plaintiff interposed a plea of estoppel by deed and contract against defendants. The plea was overruled. It is urged here. We abstain from passing on it for the reason that we have reached the conclusion that the case is with plaintiff on the merits.

The car was purchased by Weldon M. Pet'tit in which to carry United States mail. The mail route covered some thirteen miles, and was made twice daily.…