Ketterer v. Bay View Nash Co.

Assuming that the testimony in the case was sufficient to warrant a finding that the plaintiff was informed by defendant and believed the fact to be that the car *346was a new car direct from the factory instead of being a car previously sold to and used by another, nevertheless ^such a finding affords no proper support for the judgment below.

Although we may take judicial notice that in such a sale a new rather than a used car may be presumed, prima facie at least, as intended to be the subject matter of the sale (Fox v. Boldt, 172 Wis. 333, 344, 178 N. W. 467, 179 N. W. 1), and of the fact that…