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Contracts Keyed to Calamari
A.B. Parker v. Bell Ford, Inc.
Facts
The Plaintiff, A.B. Parker (the "Plaintiff"), purchased a pickup truck from the Defendant, Bell Ford, Inc. (the "Defendant"), in 1979 for $6,155.40. The Defendant provided the Plaintiff with a warranty for the vehicle. After about 4000 miles of use, the Plaintiff began to experience excessive tire wear. Certain work was allegedly done on the truck by Combs & Daily, an alignment shop, but the Defendant was not told about the work. However, even after the work, the tire wear did not subside. Prior to filing suit on July 1, 1980, the Plaintiff never contacted the Defendant about the problem again. After suit was filed, the vehicle was inspected and it was discovered that the Plaintiff's truck had a defective wheel housing. The Plaintiff alleged mis¬repre¬senta¬tion, breach of contract, and breach of implied warranty of merchantability. The Plaintiff appeals the trial courts directed verdict in favor of the Defendant.
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