Dewar v. Loy

On October 27, 1923, defendant in error, Duncan G. Dewar, brought a suit in assumpsit in the circuit court of LaSalle county against plaintiff in error, George M. Loy, for an alleged breach of warranty as to the quality of certain automobile tires and tubes sold by Loy to Dewar. The declaration contained a special count and the common counts. Attached to the declaration was an affidavit of plaintiff’s claim setting forth that Dewar purchased automobile tires and tubes of Loy to the amount of $1,700 under a representation that they were good, sound and merchantable; that all of them, except a…