Epp's Used Cars v. Few

Opinion by

Ervin, J.,

The only question raised in this appeal is whether the court below abused its discretion in considering as the basis for its decision a matter not raised by the petition to open judgment but stipulated in the depositions by counsel for the parties.

On November 28, 1959 Dora Tarbert and her grandson, Kenneth R. Few, entered into an installment sale contract for the purchase of an automobile from the appellant. Kenneth R. New was not 21 years of age at the time of purchase and to facilitate the purchase of the automobile Dora Tarbert became a party to the contract. In July…