Mack Trucks v. Jack Sunde

On October 31, 1958, defendant purchased from the plaintiff a 1956 Diamond T truck (tractor) with a J. T. Cummings diesel engine. The purchase order expressly stated that the tractor was sold strictly as is, where is. A conditional sales contract was executed on the same basis dated November 4, 1958, and there was a separate modifying agreement providing for a 50-50 sharing of expenses on parts and labor on the tractor for a period of 30 days.