Flick v. Company.

Fleming, P. J.,

— This is an action in replevin whereby the plaintiff seeks to recover from the defendant a Pontiac sedan. At the trial of the cause a non-suit was entered and the matter is now before the court on plaintiff’s motion to take off such non-suit.

The contention of the plaintiff, concisely stated, is that defendant warranted a certain Hudson brougham and that by reason of a breach of such warranty he is entitled to return the same and maintain a replevin for the recovery of the Pontiac sedan which had been given in part-payment for the Hudson. His contentions are based upon his…