Evans v. Moore

Bell, Chief Judge.

This case is a suit for damages for breach of warranty of title to an automobile. One of the defendants, Weeks, defaulted. A jury returned a special verdict for plaintiff for $2,292.00 against the other defendants, Evans and Patterson, a partnership who did business as the Phenix Auto Auction. Judgment was entered against all defendants jointly and severally. Held:

1. Four enumerations of error all go to the questions of whether the defendant partners doing business as the Phenix Auto Auction, made a warranty of title to the vehicle to plaintiff, and whether it was signed or…