Lindberg

This appeal comes before the court on an agreed statement of facts after judgment in favor of plaintiff in an action for breach of warranty arising out of the sale of a used 1 ‘Cessna 195” aircraft in which damages in the sum of $1,200.73 were awarded against defendant. The amount of damages is not an issue here. The defendant appeals, contending that the sale was made without warranty, express or implied.

■ On April 20, 1957, while engaged in the business of selling aircraft, appellant agreed in writing to sell to respondent a certain “Cessna 195” aircraft for $7,150. A printed clause in the contract provided-

“It is agreed that the aircraft herein sold is sold as is, where is, unless otherwise specified.”

• A handwritten insertion in the contract, under the term “Remarks” provided: “Deposit subject to financial approval and mechanical approval.”

Prior to the execution of the contract, respondent made known to appellant that he proposed to use the aircraft immediately in the aerial photography business. Respondent and appellant made a short test flight in the aircraft before respondent took delivery. Appellant made no statement of any kind to indicate that the aircraft was in…