Mann v. Rafferty

Opinion by

Gawthrop, J.,

Defendant appeals from a judgment entered against him for want of a sufficient affidavit of defense. Plaintiff alleged that he bought an automobile from de fendant in October, 1927, and paid him a consideration of $775; that subsequently it was discovered that the automobile had • been stolen from one Bruder, who cáused it to be taken from plaintiff and restored to her; and that.he had been damaged to the amount of the consideration paid to defendant. The affidavit of defense denied none of the allegations of the statement of claim, except that relating to the damage…