Primm v. Wockner

—Plaintiff secured a judgment for six hundred dollars as damages for a breach of the warranty that the automobile sold to him by the defendants was a new car. The defendants appeal.

The facts control the determination of this case. We find no substance in any of the five assignments of error; and they merit but brief consideration.

Assignment of error No. 2: The contract, in writing, between the parties called for a new automobile. Contrary to defendants’ contention, there was no variation of the terms of the written agreement by parol evidence. It was the defendants who were trying to prove by…