W. S. Maxwell Co. v. Southern Oregon Gas Corp.

This is an action for a breach of warranty of title in the sale of an automobile. In a trial before a jury the court, .at the conclusion of plaintiff’s case, entered a judgment of involuntary nonsuit, from which this appeal is taken. The question for our determination is whether the plaintiff produced substantial evidence in support of the material averments of the complaint.

Those averments are, in substance, that on August 15,1935, the defendant sold to the plaintiff a Chevrolet automobile for the sum of $550; that defendant warranted the title and plaintiff relying upon such warranty sold…