Ebner v. Haverty Furniture Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action for damages, actual and punitive, on account of the alleged fraudulent representations made by the defendant in a sale to the plaintiff of a set of furniture; an action sounding in damages for deceit. It is a sequel to a former action between the parties, in which the plaintiff sued for the rescission of the contract of sale upon the identical ground, and a return of the purchase price which he had paid.- The former action resulted in a reversal of the judgment of the circuit Court in favor of the plaintiff and the…