Butler v. Prussian

This was an action of contract or tort. It arose out of a contract whereby the plaintiff bought of the defendant an automobile truck under a written instrument of conditional sale. The declaration contained three counts, the first alleging breach by the defendant of a contract for the purchase and sale of an automobile; the second, which was waived at the trial, alleging that the defendant procured money from the plaintiff by deceit in the sale of an automobile; and the third for money had and received by the defendant to the plaintiff’s use. The answer was a general denial and plea of…