Frank Graham Co. v. Graham

The 1st, 2nd, 3rd, and 6th grounds of demurrer attack the petition on the ground that there is no cause of action, and that it is duplicitous in attempting to join an action in contract with an action in tort. The petition sets out that the automobile was, at the time of its purchase, represented to be in good mechanical condition as to brakes and other items; that on the two occasions when it was returned to the plaintiff after work was done on 'the brakes, it was represented that the brakes had been put in good working condition; that the defendant solicits repair work and holds itself out…