Rainey v. Simon

The opinion of the Court was delivered by

Mr. Justice Stabler.

This is an action for damages based upon an alleged breach of warranty of the soundness of a truck sold by the defendant to the plaintiff.

The complaint alleges:

“That on the --- day of-, 19 — , the plaintiff herein purchased of the defendant, Simon Auto Company, a Graham Brothers truck, paying to the said defendant a reasonable price demanded for the same, and in the sale of said truck by the defendant to the plaintiff herein, the defendant expressly and impliedly warranted said truck to be sound and free from defects and agreed to…