Arnett v. Mohacsy, (1979) 24 A.R. 414 (QB)

• Judge: Rowbotham, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 07, 1979
• Citations: (1979), 24 A.R. 414 (QB)

Arnett v. Mohacsy (1979), 24 A.R. 414 (QB)

MLB headnote and full text

Arnett v. Mohacsy

(D-36329)

Indexed As: Arnett v. Mohacsy

Alberta Court of Queen's Bench

Judicial District of Calgary

Rowbotham, J.

December 7, 1979.

Summary:

This headnote contains no summary.

Sale of Goods - Topic 4106

Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The plaintiff bought a car in response to a newspaper ad placed by the defendant as follows: T-BIRD: Exceptional. $2,200. New motor, tires - The plaintiff inspected the automobile and test drove it - The bill of sale included the words "as is, where is" - Shortly after its purchase by the plaintiff, the motor ceased to operate - The Alberta Court of Queen's Bench held that there was an implied warranty as to fitness with respect to the motor, but it was of not such a fundamental nature as to entitle the plaintiff to rescind the contract - The court, having no evidence of the amount necessary to restore the engine to a condition that would meet the implied warranty, awarded general damages to the plaintiff of $500.00 - See paragraphs 6 to 8.

Counsel:

S.M. Hirji, for the plaintiff;

R.E. Davey, for the respondent.

This case was heard before ROWBOTHAM, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, at Calgary, Alberta, on December 7, 1979.

The oral judgment of ROWBOTHAM, J., was delivered on December 7, 1979: