166 S.E. 74 (N.C. 1932), 171, Gibbs v. Plymouth Motor Corp.

Docket Nº:171.
Citation:166 S.E. 74, 203 N.C. 351
Opinion Judge:BROGDEN, J.
Party Name:GIBBS v. PLYMOUTH MOTOR CORPORATION et al.
Attorney:John A. Guion, of New Bern, for appellant Plymouth Motor Corporation. R. E. Whitehurst and Ward & Ward, all of New Bern, for appellee.
Case Date:October 19, 1932
Court:Supreme Court of North Carolina
 
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166 S.E. 74 (N.C. 1932)

203 N.C. 351

GIBBS

v.

PLYMOUTH MOTOR CORPORATION et al.

No. 171.

Supreme Court of North Carolina

October 19, 1932

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

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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...

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