Osborn v. CUSTOM TRUCK SALES & SERVICE, COAL, INC.

This case was remanded for a new trial in Custom Truck Sales Service, a division of Alley-Cassetty Coal, Inc. v. Osborn,507 So.2d 424 (Ala. 1987). After the second trial, the plaintiff, Johnny M. Osborn, appeals from a judgment, based on a jury verdict, in favor of the defendants, Custom Truck Sales Service, a division of Alley-Cassetty Coal, Inc. ("Custom Truck"). We affirm.

The issues are (1) whether there was an implied warranty of merchantability in the sale of four used cement trucks; (2) whether the trial court erred in not charging the jury that the plaintiff could recover for willful…