Terrell v. Florence

Henry Terrell brought a suit for damages against John S. Florence, trading as John S. Florence Motor Company. The amended petition alleged that the plaintiff bought a second-hand automobile from the defendant; that there was a patent defect in the car at the time of the sale; that on the day after the sale, while the plaintiff was driving the car, the defect therein caused a wheel of the car to come off and the car to turn over, thereby inflicting personal injuries upon the plaintiff; and that the defendant was negligent in not discovering the patent defect this defect being the improper way…