WALKER FORD SALES v. GAITHER

No. 78-150.

578 S.W.2d 23 (1979)

WALKER FORD SALES and Ford Motor Company, Appellants, v. William GAITHER et ux., Appellees.

Supreme Court of Arkansas, In Banc.

March 12, 1979.


Attorney(s) appearing for the Case

Griffin Smith and W. R. Nixon, Jr., Little Rock, for appellants.

Harkey, Walmsley & Belew, by John M. Belew, Batesville, for appellees.


HOLT, Justice.

The trial court, sitting as a jury, awarded appellees damages of $1,000 against appellant Walker Ford Sales and $1,000 against appellant Ford Motor Company for breach of warranty. Appellants first assert for reversal that the court erred in ruling that appellants breached an implied warranty of merchantability because such warranty had been conspicuously excluded by the express warranty and because appellees had examined the car and were aware of its...

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