Wilson v. Eargle

Gardner, Presiding Judge.

The defendants have stated the question presented here in the following language: “The sole question of law presented in this case is wdiether an implied warranty of suitability and merchantability may arise by operation of law under a contract for the sale of chattels in which the parties thereto have expressly agreed in writing that, 'no other agreement or guaranty, oral or written, express or implied, shall limit or qualify the terms of this contract, and no warranty of said chattels has been made unless herein expressed.’ ” The plaintiff stated that the true…