Potter v. Kirk

The opinion of the court was delivered by

Smith, J.:

This was an action by the purchaser of an automobile to recover the purchase price thereon. Judgment was for defendants. Plaintiff appeals.

This case has been here before. (See Potter v. Kirk, 141 Kan. 234, 39 P. 2d 914.) While in the briefs quite a little was said about an implied warranty, and mention of it was made in the former *194opinion, the pleadings disclose that plaintiff did not predicate her right to recover on an implied warranty except as that question is involved in plaintiff’s allegations that defendants in selling the car to her…