Shaver v. Clark County Bank

Appellee bank brought this suit to enforce the collection of a note to its order for $1,100 given in part payment of an automobile purchased from' it by appellant.

An answer was filed in which it was alleged that the automobile was sold under a warranty that it was a new car, and had not been driven more than 250 miles, whereas it was an old car and had been driven so long that its machinery was hadly worn, and that on this account the car was not worth more than $300. It was alleged that the consideration for the car had failed in part, and, as $550 had been paid on the purchase price of the…