Legal Opinion

Summers v. Provo Foundry & Machine Co.

Utah Supreme Court

Decided January 30, 1919No. 3246PublishedCited by 8 opinions

Appeal from the District Court of Utah County, Fourth District; Hon. H. N. Hayes, Judge. Action by G-. F. Summers against the Provo Foundry & Machine Company and another. Before the submission of the case, the action was dismissed as to the unnamed defendant. Verdict against defendant named, and it appeals..

1Opinion of the CourtWeber, J.

Plaintiff’s complaint in substance is that on July 1, 1917, the defendant, a corporation, sold him a new Hudson Super-Six automobile, plaintiff paying therefor in cash $100, and that defendant accepted a' Mitchell car in part payment at the agreed value of $1,100, plaintiff giving his promissory note for the balance of $575, on which he later paid $200; that at the time of purchase defendant warranted the car bought by plaintiff to be in good, first-class condition, free from all defects in material and workmanship, and that it would do all reasonable service usually done and performed by…

2Cases cited1 opinion

  1. Milliken v. SkillingsSupreme Judicial Court of Maine · 1896

3Cited by8 opinions

  1. Kesinger v. BurtrumMissouri Court of Appeals · 1956
  2. Wasatch Oil Refining Co. v. Wade, JudgeUtah Supreme Court · 1936
  3. Advance-Rumely Thresher Co., Inc. v. StohlUtah Supreme Court · 1929
  4. Denenberg v. JuradMassachusetts Supreme Judicial Court · 1938
  5. Nielson v. HermansenUtah Supreme Court · 1946

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