Mulder

Defendant, a used car dealer, appeals from an adverse judgment in an action to recover damages for personal injuries received by plaintiff while driving a 1948 automobile she had purchased from defendant.

Plaintiff and defendant executed an instrument prepared by him on a printed form entitled “Auto Sales Order.” The instrument, which stated that the purchase price of the ear was $125, contained a provision, commonly called a “merger” clause, reading, “Entire agreement is expressed herein in writing. No other terms or conditions, oral or written, will be recognized.” The instrument also stated, “All used cars . . . sold ‘As Is’ and without guarantee as to condition, mileage, year or model, unless otherwise specified in writing. ’ ’

Several days later, as plaintiff was driving down a steep hill, the ear lost all braking power, gained momentum, and attained a rapid rate of speed. Plaintiff was injured when her ear collided with two other vehicles several blocks away.

Plaintiff’s testimony may be summarized as follows: When defendant showed her the car prior to the execution of the sales order, he said that the car would be put into “good shape” and that he would put better tires…