Falco Corp. v. Hood

Falco assigns as error the charge of the trial judge to the jury as follows:

■ “Now where there is no express warranty the law implies a war*719ranty and the evidence in this case is to the effect that there was not an expressed warranty made by the Falco Corporation when the property was leased to the defendant Hood and, therefore, I instruct you that the law would imply that there was a warranty to the effect that the car wash equipment which was being leased by Falco to the defendant Hood was reasonably fit for the use and purpose for which it was being leased and which was in the contemplation…