Foutty v. Chalmax Sales Co.

Lively, President:

This verdict and judgment is a sequel to the case of Foutty v. Chalmax Sales Co., reported in 94 W. Va. 525, 119 S. E. 674. The controversy involves a sale and purchase of a 1921 model Maxwell automobile. The declaration is in assumpsit and is for a breach of warranty, alleging that the purchase from defendant was a 1921 model, sound and in good condition, and free from defects. On the first trial the case was-tried upon the theory of rescission, and the jury rendered a verdict for the entire amount paid by plaintiff for the car, $1,075.00. That verdict was set aside and the…