Employers Mutual Casualty Co. v. Shepherd-Vineyard Motors, Inc.

The opinion of the court was delivered by

Jackson, J.:

In the court below, the appellant insurance company sued the appellee motor company alleging that the insurance company had insured a new car against fire; that Mr. and Mrs. Leonard N. McGuire purchased the new car from the motor company and received the usual new car warranty on November 28, 1956, and that on the next day while the car was being driven by Mrs. McGuire it caught fire because of defective material and workmanship; that the particular parts which were defective are unknown to the plaintiff, but should be within the knowledge…