No. 35147.

56 Wn.2d 215 (1960)

351 P.2d 933

EDMUND REECE PRIMM, Respondent, v. EUGENE R. WOCKNER et al., Appellants.

The Supreme Court of Washington, Department Two.

May 12, 1960.

Attorney(s) appearing for the Case

Yothers & Luckerath, for appellants.

Reseburg, Ingman, Duncan & Therriault, for respondent.


Plaintiff secured a judgment for six hundred dollars as damages for a breach of the warranty that the automobile sold to him by the defendants was a new car. The defendants appeal.

The facts control the determination of this case. We find no substance in any of the five assignments of error; and they merit but brief consideration.

Assignment of error No. 2: The contract, in writing, between the parties called for a new automobile. Contrary...

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