Munn

Appeal from a judgment entered in favor of the plaintiff and from an order denying to the defendant Earle C. Anthony, Inc. (a corporation), a new trial. The action was based upon alleged misrepresentations made by an agent of appellant regarding the year of manufacture of a certain electric automobile. Plaintiff negotiated with English, the agent of appellant, for the purchase of a secondhand electric automobile. She alleged and the court found that English represented that the automobile had been manufactured in the year 1913, when in fact it was a 1912 model. The car was offered to the plaintiff, with electric rectifier, for the sum of one thousand eight hundred dollars. Plaintiff informed appellant’s agent that she would not purchase it without the privilege of having an examination made by persons of her own selection. Agreeable to this suggestion, the machine was left with the mechanics designated by the plaintiff, where it remained for a day or so. These mechanics being experienced in the handling of electric machines, examined the car and its batteries and reported to the plaintiff that everything was in good condition and that the car “looked to be a good buy.” Plaintiff…