Thompson v. W. C. Howard Motors Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued to recover $1,495, part of the purchase price paid to the defendants for a new Lexington Lark touring automobile, the car sold having been represented to be a new car when in fact it was a used car. Judgment was rendered in favor of the plaintiff for $2,200.66.

1. Complaint is made of evidence introduced for the purpose of proving the car sold was a used car instead of a new one. That evidence consisted of testimony given by witnesses to show the condition of the car at various periods of time after it was purchased by…