Stapran v. James H. Maden, Inc.

This is an action to rescind a contract for the purchase of an automobile and to recover payment on purchase price, by reason of an alleged breach of implied warranty. It is alleged in the complaint that the automobile was purchased from both of the de fendants, but on trial the plaintiff proceeded on the theory that the car was sold by the Tarola Motor Car Company through its agent, the defendant James H. Maden, Inc.

The Tarola Motor Car Company in its answer denied that it sold the car to the plaintiff and alleged affirmatively that there was an independent sale by the defendant James H.…