Leatherwood v. Boomershine Motors Inc.

M. E. Leatherwood brought an action against Boomershine Motors Inc., in the municipal court of Atlanta. The petition contained two counts, the first being an action for deceit, and the second being predicated on a breach of the implied warranty of the law. The trial judge “adjudged that the issues of fact in this case bo . . determined in favor of the defendant.” The case was appealed to the appellate division of the municipal court of Atlanta, error being assigned, (a) “because the judgment of the court is contrary to law,” and (b) “because the court erred in not holding that the measure of…