Moore v. Switzer

Switzer had a verdict and judgment against Moore for breach of warranty of an automobile sold by Moore to Switzer, and Moore brings error.

The complaint stated that defendant, by one Potter, his agent, agreed to sell a second-hand automobile to plaintiff, and plaintiff agreed to purchase the same, “With the express understanding and agreement * * * that the cylinders were not scored and * * * that if the said cylinders were scored that plaintiff would return” the car and get back the price; that plaintiff received the car, paid fifty dollars down and gave notes for the balance; that the…