Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

Exercise 16

Brian Felley went to the home of Tom and Cheryl Singleton on June 8 to look at a used car that the Singletons had advertised for sale in the local paper. The car was a 1991 Ford with 126,000 miles on it. Following a test drive and the Singletons' representation that the car was "in good mechanical condition," Felley purchased the car for $5,800. By June 18, 1997, Felley had the car in the shop and had paid $942.76 to have its clutch fixed. By July 9, 1997, Felley also had paid $971.18 for a new brake job. By September 16, 1997, Felley had paid another $429.09 for further brake work. Felley brought suit for breach of express warranty. An auto expert testified that the clutch and brakes were defective when Felley bought the car. Was an express warranty breached? Why or why not? [Felley v Singleton, 705 NE2d 930 (Ill App)]