Potter v. Kirk

The opinion of the court was delivered by

Smith, J.:

This was an action to recover the purchase price of an automobile. Judgment was for defendant. Plaintiff appeals.

Plaintiff entered into a contract for the purchase of a new Hudson-eight sedan. On the back of the contract of purchase there was the following warranty:

“The warranty of the Hudson Motor Car Company is that standard warranty of the National Automobile Chamber of Commerce against defective material only, and none other.”

When the car was delivered plaintiff drove it from Hutchinson to Colorado Springs and back. The evidence of…