Treadwell Ford, Inc. v. Leek

LAWSON, Justice.

Elmer H. Leek purchased a 1958 used Plymouth automobile from Treadwell Ford, Inc., of Mobile, on or about December 3, 1958.

The automobile proved unsatisfactory to Leek. Being unable to adjust his differences, Leek brought this suit against Tread- well Ford, Inc., claiming damages in the amount of $5,000. We will sometimes hereinafter refer to the defendant, Tread-well Ford, Inc., simply as Treadwell.

The complaint contained three counts. Count 1 charged deceit substantially in Code form, Title 7, § 223, Form 21. Count 2 was for breach of warranty and was substantially in Code…