Mossler v. Capital City Auto Co.

HIGGINS, Judge.

This is a suit on a contract given in connection with the sale of a chattel mortgage note by the defendant to the plaintiff, wherein plaintiff seeks to recover the balance due on the promissory note, $303.52, as the result of the defendant’s alleged misrepresentations of fact in the contract. The defendant denied that there had been any deception and, in the alternative, averred that the erroneous statements were not material and that the plaintiff did not rely upon them in purchasing the note.

There was judgment for the plaintiff, as prayed for, and the defendant has appealed.

Th…