Funk v. Kaiser-Frazer Sales Corp.

Two substantial errors of law require reversal and a new trial: First, the alleged written warranty was admitted into evidence without proper foundation showing a connection between defendant and the paper; second, in its charge the court assumed that this exhibit was binding on the defendant and, in effect, withdrew this question from the jury. Both errors were saved by exception for our consideration. Nolan, P. J., Beldoek, Christ and Pette, JJ., concur; Brennan, J., not voting.