Cody & Edgar v. Automobile Financing Inc.

1. Where the parties to a sale of an automobile enter into a written contract with respect thereto in which the property is described as one “Nash Touring car, 5 passenger, Model 691, serial No. 239131, motor No. 126524,” and in which it is stipulated that “the vendor does not warrant said property, and make no representations concerning same except that the title to same is in the vendor and free from encumbrance,” such stipulation amounts to a refusal by the vendor to warrant the property except as to title; and where it is not shown that the seller practiced any fraud on the purchaser…