Stringfellow v. Botterill Auto Co.

■WEBER, C. J;

On February 1, 1922, plaintiff purchased a five-passenger Esses touring car of defendant for $1,375, and entered into *58a written contract of purchase with defendant in which the car was described as a 1922 model. At the same time a bill óf sale was delivered to plaintiff, also describing the car as a 1922 model. Plaintiff paid part cash, and continued paying’ the installments as they became due, until the following July; the last payment being made under protest, he having ascertained that the car was a 1921 and not a 1922 model. Plaintiff thereupon brought suit in the district…