Moss v. Smith

WILBUR, J.

This action was brought by the plaintiff to recover damages for a breach of a written warranty given by the defendants at the time of the purchase by plaintiff from them of an automobile. Plaintiff recovered a judgment of two. thousand dollars. Defendants appeal.

The automobile in question was guaranteed in the following language, to wit: “To be free from defects in material or workmanship for one year from the 13th day of October, 1914, and will replace such defective part or parts in the car absolutely free of charge when delivered at our place of business.”' • ■

[520]

It is conceded that the engine and clutch of the automobile in question were defective, but the appellants claim that the defects were those of design instead of material or workmanship. Respondent alleged that the automobile was defective in both material and workmanship, in that the clutch would not operate properly in certain specified particulars and that the engine on said automobile, consisting of six cylinders and pistons and other parts, was so defective “that it would not properly operate and drive said automobile, in that the pistons did not properly fit the cylinders, the cylinders were not properly put together and placed on said engine, and were not properly in line, and in other respects concerning which plaintiff is not informed, but defendants are fully informed. The court found the facts in accordance with the allegations of the complaint and also found that but for the defects in said automobile the same would have been worth three thousand dollars, but that in the condition in which the same was sold and delivered to respondent same was at the said time of the value of seven hundred and fifty dollars and no more.

The question presented is whether or not the evidence is sufficient to justify the finding of the trial court that the defects were those of workmanship and material and not of design. The evidence upon the subject covers over four hundred and fifty pages of the transcript. It would serve no useful purpose to analyze this evidence. Suffice it to say that evidence was introduced showing the representations made by the manufacturers through the appellants to the respondent as to the design of the automobile and its engine. These statements, if believed by the court, as they no doubt were by the respondent in purchasing the car, fully justified the conclusion that the defective operation of the car was due, not to the imperfect design of the engine, but' to faulty workmanship in its construction.