Inner Shoe Tire Co. v. Tondro

McLUCAS, J., pro tem.

Plaintiff brought suit for the value of goods, wares, and merchandise sold to the defendant, and appeals from a judgment rendered for the defendant.

There is substantially no difference in the contentions of the parties as to the actual facts in the case. Without objection on the part of plaintiff, defendant offered evidence tending to prove an oral contract of warranty. This testimony was uncontradicted by plaintiff. It appears from the evidence that on the sixth day of February, 1922, a salesman for the Inner Shoe Tire Company called upon the defendant. They discussed…