Wiggins v. Landis

Tbe following issues were submitted to tbe jury, and tbe answers thereto:

1. Did tbe defendant warrant tbe automobile to be a new automobile of 1920 model wben be sold tbe same to tbe plaintiff? Ans. Yes.

2. Was said car a new car of tbe 1920 model? 'Ans. No.

3. Is tbe cause of action barred by tbe statute of limitations? Ans. No.

4. Wbat damages, if any, is tbe plaintiff entitled to recover. Ans. $1,000 without interest.

Tbe defendant’s counsel earnestly contended in tbe argument that tbe action was originally brought for rescission of tbe contract of tbe sale of a Hudson car, made by E. G.…