Sterling v. Hanley Motor Sales, Inc.

A demurrer to the second amended petition was sustained and the petition dismissed. From that order this appeal on questions of law followed.

This case has had an unusual procedural history. The petition alleged that plaintiff purchased an automobile from defendant; that defendant “maliciously and falsely warranted the said automobile to be one month old and to be a new automobile, and to be fit and proper for purposes of a passenger automobile”; that plaintiff relied on that warranty and paid for the automobile with a used automobile, cash and a note; that the automobile purchased was not as…