Thompson v. Huckabee Auto Co. (1989)

Century Dodge v. Mobley, 155 Ga. App. 712, 713 (2) ( 272 SE2d 502 ) (1980).” Thompson v. Huckabee Auto Co., 190 Ga. App. 540, 541 (1), 542, supra. The “SOLD AS IS” language also is ineffective to negate the express warranty that the car is “new.” See City Dodge v. Gardner, 232 Ga. 766, 767 , supra. “Accordingly, the case [against the defendant seller, Charles Evans, should] also have gone to the jury on the theory of breach of express warranty.” Horne v. Claude Ray Ford Sale…

Cf. Thompson v. Huckabee Auto Co., 190 Ga. App. 540, 541 (1) ( 379 SE2d 411 ) (1989) (evidence that a car had been damaged and repaired presented a jury question regarding whether the car conformed to the seller’s description that the car was new); Horne v. Claude Ray Ford Sales, 162 Ga. App. 329, 330 (4) ( 290 SE2d 497 ) (1982) (accord).

Although Claborn and its agents knew that the car had been used as a demonstrator and had significant mileage on it, they represented the car to appellant as “new.” “The question of whether the car delivered was new is generally one of fact for the jury. [Cits.]” Thompson v. Huckabee Auto Co., 190 Ga. App. 540, 542 (1) ( 379 SE2d 411 ) (1989).

Thompson v. Huckabee Auto Co., 190 Ga. App. 540, 542 ( 379 SE2d 411 ) (1989).

“The burden of establishing the non-existence of any genuine issue of fact is upon the movant for summary judgment, and all doubts are resolved against him. [Cits.] In order to prevail, the defendantmovant is required to pierce the allegations of the complaint and to establish as a matter of law that the plaintiff could not recover under any theory fairly drawn from the pleadings and the evidence. [Cit.]” Thompson v. Huckabee Auto Co., 190 Ga. App. 540, 541 (1) ( 379 SE2d 41…

See Thompson v. Huckabee Auto Co., 190 Ga.App. 540 , 379 S.E.2d 411, 413 (1989).

See Thompson v. Huckabee Auto Co., 190 Ga.App. 540 , 379 S.E.2d 411, 413 (1989).