HEMBREE v. SOUTHARD

No. 37917.

339 P.2d 771 (1959)

W.E. HEMBREE, Jr., doing business as Hembree Chevrolet, Plaintiff in Error, v. Roy SOUTHARD, a minor, by his mother and next friend, Vivian Wilson, Defendant in Error.

Supreme Court of Oklahoma.

May 19, 1959.


Attorney(s) appearing for the Case

A. Carl Robinson, Julian B. Fite, Muskogee, for plaintiff in error.

Whit Pate, William D. Mobley, Poteau, for defendant in error.


JOHNSON, Justice.

This case is one of first impression in this jurisdiction and involves, among other things, the application of the principle of law that a used car dealer, though not an insurer of the safety of the vehicles sold by him, must, to avoid liability for damages for personal injuries sustained by a prospective buyer, arising out of the prospective buyer's authorized use of a used car with a defective front wheel...

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