George v. Smith
Indiana Supreme Court
From Marion Superior Court (25,651) ; V. G. Clifford, Special Judge. .Action by Cecil H. Smith against Charles A. George and Arthur Sears, partners, doing business as the Sears Auto Repair Shop. From a judgment for plaintiff, the defendants appeal. (Transferred from the Appellate Court under §1394, cl. 2, Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtTownsend, J.
— Appellee brought action against appellants in damages for breach of warranty of title, based on the following written instrument:
“This is to certify that Cecil H. Smith, party of the first' part has this day bought of Sears. Auto Repair Shop, party of the second part, One Buick Roadster No. 106924 for sum of $700.00 Seven Hundred Dollars Ck. in hand.
Dated at Indianapolis, Ind., this 23d day of February, 1915. Sears Auto Repair Shop,
Witness By Arthur Sears.
W. E. Winton.”
Appellants answered by general denial, and a second paragraph of answer, which alleged that they were conducting a garage,…
2Cases cited7 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
- Bulwinkle & Co. v. Cramer & BlohmeSupreme Court of South Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- World Insurance v. SmithAppellate Court of Illinois · 1975