Deaver v. J. C. Mahan Motor Co.

This cause is before us by certiorari to the Court of Appeals, heretofore granted on the petition of the original defendant, J. 0. Mahan Motor Company.

Deaver purchased an automobile from the Motor Company, under contract of conditional sale. The Motor Company replevied .the car, when a deferred payment note was not paid at maturity. Deaver thereupon filed his bill in this cause, to enjoin the replevin suit. His bill prayed a rescission of the contract of sale for inducing fraud in its procurement, and, in the alternative, prayed for damages for breach of warranty in a sum exceeding the unpaid…