Bertram v. Reed Automobile Co.

Appellant purchased a "used" automobile from appellee, who is a dealer in new and used automobiles. The car "proved wholly unsatisfactory and would not do the work required of it, nor would the same function and give plaintiff any service, and he returned same to the defendant's business place in Corpus Christi." Appellee then proposed to exchange another used car for the one rejected, appellant accepted the proposition, and the trade was made. Appellee's agent represented the second car taken by appellant as "a good little car," a "dandy," a "bear-cat," which had been "well taken care of";…