McKinnon ex rel. Commercial Union Assurance Co. v. Studebaker Sales Co.

Plaintiff brought an action of assumpsit against the defendant to recover the value of an automobile which, it was alleged, plaintiff had delivered to the defendant for minor repairs and which the defendant refused and failed to return to her. A general demurrer was sustained to plaintiff’s amended declaration. Plaintiff elected to stand by the amended declaration, the suit was dismissed and this appeal follows, so that the question involved is: Did the amended declaration state a cause of action?

The amended declaration alleged in. substance that the defendant was the owner and proprietor of…