Wells v. Oldsmobile Co.

In their second amended complaint, plaintiffs allege that on or about the 26th day of March, 1930, defendant sold plaintiffs a certain automobile “expressly representing and warranting to the plaintiffs, at the time when the contract of sale was made, that said automobile was a new demonstrator”.

Plaintiffs also allege that they are husband and wife and as such constitute a family; that they purchased said automobile for family use, and in doing so “believed and relied upon all representations and warrants of defendant”.

It is further alleged that, unknown to plaintiffs, the automobile…