De Meglio v. Studebaker Corporation of America

Opinion by

GALBRAITH, C.

This is an .appeal from the order of the trial court granting a new trial. The action was instituted by the defendant in error against the plaintiff in error to recover the sum due on six promissory notes, for $68.75, amounting in the aggregate to $333.04, given as balance of the pureháse price of a Studebaker automobile. The defense interposed was that the automobile was defective and did not properly function in some of its parts, as it was guaranteed to do at the time of its purchase, and therefore the defendant was damaged in an amount in excess of the sum of the…