Ebner v. Haverty Furniture Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for rescission of a contract of sale of certain furniture and for damages. The plaintiff’s complaint grows out of the following facts, which he alleges and offers evidence to sustain :

In January, 1921, the plaintiff purchased a suite of furniture from the defendant, and paid therefor $990; he installed it in his home and continuously used it up to February, 1922; at the latter time a fire in the plaintiff’s home caused damage to the furniture; when he undertook to have it repaired, he discovered for the first time that the…