Kent v. Lauthers

McGinnis, Judge:

This is an action of assumpsit brought in the Circuit Court of Cabell County. The suit was brought at the June Rules, 1922. The declaration contains a common count in assumpsit, and a special count setting up substantially, that the plaintiff purchased from the defendants a certain five passenger Dort Touring Automobile at the price of $1,000.00 cash and a Maxwell Roadster Automobile at the price of $400.00; and that at the time of said purchase, the defendants undertook and represented and promised the said plaintiff that the said Dort Automobile was unused and free from…