Gibbs v. Plymouth Motor Corp.

Citation166 S.E. 74,203 N.C. 351
Decision Date19 October 1932
Docket Number171.
PartiesGIBBS v. PLYMOUTH MOTOR CORPORATION et al.
CourtUnited States State Supreme Court of North Carolina

Appeal from Superior Court, Craven County; E. H. Cramner, Judge.

Action by N.M. Gibbs against the Plymouth Motor Corporation and others. From a judgment against named defendant in favor of plaintiff, named defendant appeals.

Reversed.

That company which sold automobiles to dealer sent repairman to repair car in hands of dealer's customer held not ratification of representations and warranties made by dealer to customer.

The defendant, Blades Motor Company, is a dealer in automobiles in New Bern, N. C.

It was alleged that said Blades Motor Company was a sales agent of its codefendant, Plymouth Motor Corporation, and as such sales agent was authorized to represent and warrant automobiles sold by said agent for and in behalf of its principal. The Blades Motor Company filed an answer admitting that Plymouth automobiles were advertised by it as "being cars of good quality, material and workmanship properly constructed to stand the wear and tear incident to the use for which manufactured," but denied that it ever made representations or warranties of automobiles other than the standard form of written guaranty made by the manufacturer thereof.

The Plymouth Corporation filed an answer setting up a written warranty, and averring that if its codefendant, Blades Motor Company, sold the said automobile with any warranty, it did so without any authority from said defendant, "and that this defendant's sole liability on said standard form of warranty is to the party contracting with it, to wit, its co-defendant, Blades Motor Company."

The plaintiff testified that in March, 1929, he bought a Plymouth automobile from the defendant, Blades Motor Company, through Mr. Roberts, the manager thereof. Plaintiff said: "I bought it with Mr. Dan Roberts' recommendation. I didn't have any other warranty, guarantee, and had not seen any, and didn't know of any other, only I had seen the car advertised in the Ladies Home Journal, or some journal that carried a sheet advertisement. *** I asked Mr Roberts if this car was all right and he said, 'Yes absolutely,' and I asked him how much mileage it would give, and he said about twenty or twenty-two miles, depending on how I drove it, and I asked him about the speed, and he said, 'Why, sixty-three miles,' and I asked him if it rode good and he said, 'Yes,' and went on to say it was the best car the Chrysler people had put out, and that it was Mr. Chrysler's special favorite, that it was his special make, and would guarantee it to give me satisfaction and that it would suit me."

In a short time, according to plaintiff's testimony, the car began "to shimmy," and "almost shook the wheel out of my hand, and I had to stop and start all over again. That happened a great many times, and I came back and complained to Mr. Roberts, and he said it could be remedied."

After making repeated complaints, the plaintiff testified that Mr Roberts told him they would have a factory man there in a few days to examine the car, and that in a few days the factory man did come, and drove the car and sent it to the Blades Motor Company garage to be worked on. Subsequently the car was taken to the Chrysler garage, and plaintiff was told by Mr. Dixon, the mechanic there, that the car could not be fixed. The plaintiff kept the car from March, 1929, until June, 1931, when he traded it to a Ford dealer in Red Springs, receiving $100 in a trade. The original cost of the car was $825.

The agreement between the Plymouth Motor Corporation and the Blades Motor Company was offered in evidence, but was excluded by the trial judge. This agreement provides, among other things:

(1) That the Plymouth Corporation "grants unto the dealer the non-exclusive right to sell Plymouth motor vehicles in the vicinity of his place of business at New Bern, Craven County, North Carolina.

"(2) The company agrees to sell and deliver to the dealer at the company's factory, Detroit, Michigan, and the dealer agrees to purchase from the company and accept delivery of as and when tendered by the company, the products described in the schedule of purchases.

"(3) The dealer agrees to pay the company for the products above referred to in lawful money of the United States of America, its regular current list prices F. O. B. its loading docks at Detroit. *** Payment shall be made in cash in advance or sight draft against bill of lading, etc.

"(4) Plymouth Motor Vehicles are sold upon the standard warranty of the National Automobile Chamber of Commerce, which is as follows: 'We...

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