Ingalls v. Arbeiter

Defendant, having moved to vacate the judgment entered against him, appeals from the order denying the motion.

In his complaint served July 22, 1947, plaintiff alleged that defendant sold to him 1350 gallons of a mixture known and described under the trade name of “C'romax-5 AntiFreeze”; that defendant warranted that this product like Prestone contained an ethelyn glyco base and was suitable for use as an anti-freeze and in no manner injurious to the cooling system of a motor vehicle; that in fact the compound was unfit for use in motor vehicles, was not the same as Prestone and did not have…