Heller v. Franklin-Butler Motors, Inc.

This is an appeal from a judgment entered on the verdict of the jury for $1,500, in plaintiff’s favor, in an action of trespass on the case on promises. When the case went to the jury two counts remained in the declaration, one charging the breach of an express warranty, the other, the breach of an implied warranty, in the sale of an automobile by defendant to plaintiff.

The former charged that defendant promised that said automobile would be sound, mechanically perfect and otherwise free from defects. But there was no proof to support it. The latter is based upon a written contract describing…