C. A. Oesterman, Inc. v. King Auto Finance

The opinion of the court was delivered by

Case, J.

This is an appeal from a judgment for the defendant rendered on a finding by the judge, sitting without a jury, of no cause of action.

Plaintiff alleged in its state of demand that on April 12th, 1932, it had, for the price of $185, purchased an automobile from the defendant and that thereafter plaintiff was, in a replevin suit, deprived of possession at the instance of Atlas Automobile Finance Corporation which held a superior title. The inference, not stated, is that the present action grounds in the breach of an implied warranty of title. The…