Brenner v. Pecarsky

Opinion by

Gawthrop, J.,

This was an action in assumpsit to recover the balance of the purchase price of a motor truck sold by plaintiff to defendant. The sole defense raised by the affidavit of defense and supported by defendant’s evidence at the trial was that plaintiff had represented that the truck had a capacity of one and one-half tons, while, as a matter of fact, its capacity was only three- quarters of a ton. At the trial plaintiff admitted, under cross-examination, that the truck was a used motor truck, and that he had not complied with any of the requirements of the Act of June 30,…