De Winter v. Lashley

RUARK, Judge.

The plaintiff-respondents sued the defendant-appellant and his wife on an account which involved the sale of a quantity of tires. Defendant Hetta Lashley filed her separate answer, and plaintiffs have abandoned as to her. The defendant in his answer set up, among other things, that the plaintiffs fraudulently represented that the tires.were “first line rubber tires and were guaranteed”; that the defendant relied upon the warranty and misrepresentation; that he had paid all the tires were worth; and that he had. suffered a loss of profits because they were not as represented but…