Kocher v. Cartman Tire Exchange

As assignee the plaintiff sued to recover a judgment against the defendants on a claim for rubber tires. The defendants answered by denying the material allegations of the complaint and pleading a warranty made by the vendor. The trial court made findings in favor of the defendants and from a judgment thereon the plaintiff has appealed.

Among the findings so made by the trial court was one which was very broad, finding that the warranty was made, that it was breached and that the plaintiff might not recover. Plaintiff says that the finding is not supported by proper evidence. He calls to our…