Kawecki v. Stuber-Stone Co.

The plaintiff, a real estate dealer in Detroit, visited the automobile show in that city in January, 1918. He there saw an Abbott touring car, specially painted, in the exhibit of the defendant, who was distributor of that make of car, then manufactured in Cleveland. Plaintiff concluded to purchase the car, if he could turn in an old Studebaker car he had as a part of the purchase price. He claims his attention was called to some spots of mud on the bottom of the *27car and that he said to Mr. Stuber, with whom he was negotiating, “That is not a second-hand car, is it?” and Mr. Stuber answered,…