A.B. Parker v. Bell Ford, Inc.

425 So.2d. 1101 (Ala. 1983).

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Nature of the Case

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Facts

Parker (P) bought a pickup from Bell (D). The truck was manufactured by Ford (D1). P experienced excessive tire wear. D attempted to repair the problem, but could not. P then sued both D's for a breach of warranty without further consultation. A subsequent inspection indicated that the truck had a defective wheel housing. The trial court directed a verdict for both D's; notification of the breach was a condition precedent to recovery, and P had not given notice. P appealed.