Stang v. Hertz Corp.
Court of Appeals of New Mexico
490 P.2d 475 (1971)
Relevant factsFree
After nuns rented a vehicle from Hertz (defendant) under an agreement stating the vehicle was in good condition, a Hertz representative commented 'You have got good tires' only after the agreement was already signed, and a tire blew out during use, killing one of the nuns; her estate representative Stang (plaintiff) sued for breach of express warranty, and the trial court directed a verdict for Hertz.
IssueFree
Whether an express warranty is created if the representation in question does not become part of the basis of the bargain.