McDonald Credit Service, Inc. v. Church

Defendants appeal from a judgment for the unpaid balance of a conditional sales contract.

The defendants pleaded and produced evidence of (1) breach of an express warranty and (2) breach of an implied warranty. The trial court held that, under the terms of the written conditional sales contract, these defenses were not available to the defendants. Fraud is not an issue.

The alleged breach of an express warranty is based upon that portion of the conditional sales contract which reads as follows:

“The undersigned seller hereby sells and the undersigned purchaser hereby purchases, upon the terms…