Smith Motor Co. v. Button

opinion by

STEPHENSON, C.

Tbe plaintiff for cause of action alleges that tbe defendant sold and delivered to bim a certain truck representing tbe same to be of a certain condition and quality, which representation proved to be false and untrue. Tbe petition of tbe plaintiff, in substance, stated a cause of action for breach of warranty and further alleged tbe return of tbe truck to tbe defendant. As a part of the purchase price the plaintiff delivered a certain automobile to the defendant, which the latter refused to return to the plaintiff at the time of the return of the truck. It appears…