Wiggins v. . Motor Co.

The following issues were submitted to the jury, and the answers thereto:

1. Did the defendant warrant the automobile to be a new automobile of 1920 model when he sold the same to the plaintiff? Ans. Yes.

2. Was said car a new car of the 1920 model? Ans. No.

3. Is the cause of action barred by the statute of limitations? Ans. No.

4. What damages, if any, is the plaintiff entitled to recover. Ans. $1,000 without interest.

The defendant's counsel earnestly contended in the argument that the action was originally brought for rescission of the contract of the sale of a Hudson car, made by E. G. Landis…