Palmer v. Gardner

This is a case wherein the appellee, William It. Gardner, doing business as Gardner Motors, sued the appellant, A. T. Palmer, to recover a deficiency judgment under a conditional sales contract of a 1946 Ford automobile. The car was nearly seven years old at the time of its sale. The defendant relied upon an express oral warranty allegedly made to him by the sales agent of the plaintiff as to the condition of the automobile at the time of the sale, and particularly to the effect that the seller would guarantee that the motor-head was not burst. However, the written contract of sale contained…