Hoyt v. Hainsworth Motor Co.

Citations

• 112 Wash. 440
• 192 P. 918
• 1920 Wash. LEXIS 757

Syllabus

<p>Sales (105)—Implied Warranty—Sale by Dealer—Liability. A dealer selling an automobile of a particular model, of which he was known not to be the manufacturer, is not liable to the purchaser upon an implied warranty against latent defects which he could not have discovered by ordinary inspection and tests; his duty being fulfilled when he delivered a car of the particular model contracted for.</p> <p>Same (105)—Implied Warranty—Question for Jury. As a general rule, an implied warranty is a presumption of fact and not of law, based upon the presumed intent of the parties, but where only one inference can be drawn from the undisputed facts, the question becomes one of law for the court.</p>