Farmers State Bank v. Cook

This suit in equity involves the efforts of two parties to foreclose notes and mortgages on a 1950 Dorsey 34-foot refrigerated trailer purchased on July 9, 1957, by defendant buyer Cook from defendant seller Truckers Discount Corporation. The plaintiff Farmers State Bank’s mortgage was second, but was taken as a result of seller’s representation at the time of the sale that the trailer was a 1953 model. The factual situation appears more complicated than the law involved.

The issues placed before us in this appeal are: (1) Was there in fact a breach of warranty by seller; (2) if so, what, if…