Chandler Motor Sales Co. v. Dertien

This suit was brought in justice’s court in the city of Grand Rapids to recover for material and labor furnished and performed by plaintiff for defendant in repairing a used car it had sold him. In defendant’s notice he set up facts which, if true, constituted fraud in procuring the sale, waived the fraud and under the statute claimed there was an implied promise to pay the damages sustained. Defendant prevailed in the justice’s and circuit courts, the judgment in his favor in the circuit court being for $452.70. The construction of the statute under which the justice’s court of Grand Rapids…