Tondro

Plaintiff brought suit for the value of goods, wares, and merchandise sold to the defendant, and appeals from a judgment rendered for the defendant.

There is substantially no difference in the contentions of the parties as to the actual facts in the case. Without objection on the part of plaintiff, defendant offered evidence tending to prove an oral contract of warranty. This testimony was uncontradicted by plaintiff. It appears from the evidence that on the sixth day of February, 1922, a salesman for the Inner Shoe Tire Company called upon the defendant. They discussed certain tire reinforcements, which were denominated “Red Innershus.’’ The quality and salability of these Innershus were discussed between them and, among other things, the fact that respondent was engaged in the business of retailing automobile supplies, accessories, and equipment, and had acquired therein a goodwill and a reputation among the purchasers of such articles for furnishing his customers with reliable and trustworthy goods, and that respondent desired to purchase only what is known in trade parlance as “quality goods,” to be offered and sold to his customers, and in this connection a general…