Tockstein

Tockstein v. Pacific Kissel Kar Branch

Good Law
1917 Cal. App. LEXIS 325·33 Cal. App. 262·164 P. 906·164 P.2d 906
Court of Appeal of CaliforniaMarch 19, 1917Civ. No. 1868.California1,585 words

Opinion

Lead Opinion

Lennon, J.

This is an appeal from a judgment in plaintiff’s favor in an action brought by her to recover the sum of $412.06 as the aggregate of sums of money alleged to have been paid by her on account of the purchase price of a certain automobile from the defendant, and for repairs thereon, which machine is alleged to have proven defective, and in that respect to have violated the terms of certain alleged guaranties given by the defendant to plaintiff at the time of and which constituted the basis of the purchase by her of said automobile; and also to recover the sum of $420, damages alleged to have been sustained by the plaintiff through her attempted use of such defective machine.

The complaint is in two counts setting forth separately the foregoing items of the plaintiff’s alleged loss and damage. Defendant’s answer denies the averments of both counts of the complaint in so far as they involve the breach of any agreement or guaranty on the part of the defendant, or of the Ford Motor-Company, its principal, in the sale of the machine. The case was tried before a jury, which rendered a verdict in plaintiff’s favor for the sum of $619, and from the judgment entered thereon for said sum and…

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