Knott

The plaintiff in his complaint set out the purchase by him of a motor car from defendant at an agreed price of $750; that plaintiff was induced to make such purchase and pay said sum by reason of the representations of the defendant that the car was in every respect in first-class condition, suitable for use, and had been tested by defendant and found satisfactory and in good condition; that plaintiff was unskilled in the mechanism of such machines and notified defendant that he would rely upon his representations; that these representations of defendant were false and known by him to be false when made, and the plaintiff promptly, upon discovering the defects which rendered the car unsatisfactory, notified defendant of his rescission of the contract and demanded the return of the price paid. Defendant by answer denied all of the allegations made by plaintiff in respect of. representations, and, on the contrary, averred that the machine was in good condition when sold and was worth the sum received; denied that the purchase was based upon any belief in any representations made by defendant, but, on the contrary, that plaintiff, through a skilled agent, who minutely examined the…