Best Buick, Inc. v. Welcome

This report presents the question of whether the defendant is liable for a breach of an express warranty when he misstated the model year of the vehicle he sold to the plaintiff in trade as part of the purchase-price of a new vehicle he bought from the plaintiff. The defendant owned a Mercedes Benz which was sold to him as a 1970 model. It was so registered and the defendant in good faith represented it as such to the plaintiff automobile dealer when he sold it as a trade-in to the dealer for the purchase of a 1973 Buick LeSabre on August 13, 1973. In fact, the Mercedes Benz was a 1968 model.…