Mashburn v. Thornton

This is a suit for damages for a false warranty of an automobile. Complainant charged that defendant Thornton, doing business as Thornton Motor Company, sold him the car by falsely representing it to be a' new car when in fact it was a secondhand or used car. The Commercial Credit Corporation, holder of the note and conditional sales contract executed by complainant for the balance owing on the car, was also made a defendant to the bill.

Answers were filed and the cause was heard orally before the Chancellor according to the forms of chancery. The Chancellor found that defendant Thornton sold…