Kraig v. Benjamin

This is an action based upon a claimed breach of warranty growing out of a misrepresentation as to a used automobile purchased by the plaintiff from the defendant. From a judgment for the defendant the plaintiff has appealed. The plaintiff examined and rode in the car and was satisfied with it. Thereafter he purchased it. At the time of purchase the defendant or his salesman told the plaintiff that the car was a 1927 model; and the conditional bill of sale then executed so described it. In its conclusions, however, the trial court has found that the plaintiff did not rely upon this statement…