Packard Phoenix Motor Co. v. McRuer

Packard Phoenix Motor Company, a corporation, hereinafter called plaintiff, brought suit against Donald McRuer, hereinafter called defendant, on a promissory note given by the latter to the former. Defendant answered to the effect that the note was without consideration and then by way of cross-complaint set up that he had purchased from plaintiff a certain Packard roadster for $1,468, and “ . . . that to induce defendant to purchase said automobile, plaintiff represented to defendant that said automobile was in first class condition and that it would run perfectly, and plaintiff agreed to…