Carpenter v. Chrysler Corp.
Missouri Court of Appeals
853 S.W.2d 346 (1993)
Brian Carpenter (plaintiff), a repeat customer, told a salesman at Chrysler-Plymouth West (CPW) (defendant) he wanted a reliable car for his teenage daughter; the salesman selected a specific LeBaron and told Carpenter it was reliable, without disclosing that CPW had previously repaired a power-steering leak on that exact car or that it was subject to an unrepaired recall for a wiring-harness defect. Carpenter sued CPW and Chrysler Corporation for breach of warranty and fraudulent misrepresentation; a jury awarded damages against both, but the trial court granted both defendants a new trial, and Carpenter appealed.
Whether a representation about the quality and value of goods may create an express warranty if it is a statement of fact, rather than opinion.