Fruit v. Stacy

The opinion of the court was delivered by

Price, J.:

The principal appeal in this case is from an order overruling a demurrer to plaintiff’s amended petition in an action brought to recover damages on account of defendant’s alleged fraud and deceit in the sale of an automobile to plaintiff.

The essential allegations of plaintiff’s original petition, which was filed January 26, 1949, are that the defendant is engaged in the business of buying and selling motor cars, both new and used, in the city of Pittsburg; that on or about December 27, 1947, following negotiations between the parties,…