Stang v. Hertz Corp.

490 P.2d 475 (1971)

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Stang v. Hertz Corp.

Court of Appeals of New Mexico
490 P.2d 475 (1971)

SC

Facts

Catherine Lavan and another nun (nuns) rented a vehicle from Hertz Corporation (Hertz) (defendant). The rental agreement stated that the vehicle was in good condition. After the nuns signed the rental agreement, the Hertz representative said, “You have got good tires.” One of the tires blew out while the nuns were using the vehicle, killing Lavan. Mary Stang (plaintiff), who was Lavan’s personal representative, brought suit against Hertz for breach of an express warranty. The trial court directed a verdict for Hertz. Stang appealed.

Rule of Law

Issue

Holding and Reasoning (Wood, C.J.)

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