Foutty v. Chalmax Sales Co.

Litz, Judge:

The defendant prosecutes • this writ of error to the judgment of the circuit court of Doddridge county, entered on the verdict of the jury in favor of plaintiff for the sum of ‘$1180.00.

Plaintiff sues in assumpsit, and, in his declaration containing two counts, avers that on the 10th day of February, 1921, he purchased from defendant, at the price of $1075.00 (which has been paid), a Maxwell automobile, upon the agreement and warranty of the defendant that the same was a 1921 model, sound, in perfect condition, and free from defects, whereas, in fact, said automobile was a 1920…