SELLMAN AUTO, INCORPORATED v. McCowan

OPINION

By the Court,

Mowbray, J.:

Sellman Auto, Incorporated, commenced this action on July '28, 1969, for the recovery of damages resulting from an alleged default by defendants-respondents, the McCowans, on the purchase of a new Chrysler automobile. The McCowans filed a counterclaim for breach of warranty, and they sought recovery of their trade-in allowance and the payments they had made to Sellman under the conditional sales contract. The district judge ordered that Sellman take nothing by its complaint and the McCowans recover only the amount of their trade-in allowance, disallowing the…