Brenner v. Pecarsky

Martin, P. J.,

This suit was brought for the balance due upon a sale of an automobile from the plaintiff to the defendant. The sole defence to the action, as raised by the affidavit of defence and supported by the evidence at the trial, was that the plaintiff had represented that the truck had a capacity of one and one-half tons, while, as a matter of fact, it was only of three-fourths of a ton capacity. The jury decided this question of fact adversely to the defendant, and returned a verdict in favor of the plaintiff for the amount of his claim.

The defendant has now taken a rule for a new…