Gerard Motor Co. v. McEachern

The appellee, C. G. McEachern, instituted this suit in the county court of Harrison county against the appellant, the Gerard Motor Company. The declaration filed by the appellee alleged, in substance, that he purchased from the appellant a Star automobile on the deferred payment plan; that the appellant represented to him that the said automobile was new, in first-class condition, free from defects in material and workmanship, and would perform all the duties expected of it; that the appellee was not a mechanic, and was not familiar with machinery, and he relied upon the said representations…