Luckenbach

Action for damages. Findings and judgment for plaintiff, and defendant appeals from such judgment and a subsequent order denying a new trial.

The case as presented by the findings is this: On January 14, 1907, plaintiff and defendant entered into an agreement, whereby defendant agreed to sell and delivered to plaintiff, and plaintiff agreed to' buy, one latest improved, 4-cylinder, 1907, Elmore automobile, together with certain extras in connection therewith, for the sum of $2,815. Plaintiff was unfamiliar with automobiles, the different models and makes thereof, while defendant had for several years been engaged in the business and was familiar with the same. At the time of entering into the agreement defendant exhibited to plaintiff a certain automobile, No. 1547, then in stock in Los Angeles, and defendant represented to plaintiff that such automobile possessed all the latest and best improvements that were put into the 1907, 4-eylinder automobile; that said automobile so exhibited was the latest model of 1907 make of automobiles. That these representations of defendant were false and known by him to be false, and plaintiff relied thereon, believed them to be true and entered…