Mattocks

Plaintiff purchased a Buiek automobile from the defendants on May 11, 1925, for which he paid them in cash the total sum of $925 and “turned in” another automobile for the agreed price of $500. He commenced this action for damages, alleging in his complaint that defendants had made false representations to him at the time of the purchase of the car. He set forth that defendants represented to him that the car was new and unused and in the condition that it was in when shipped by the manufacturer; that these representations were untrue, that the car had been repainted, a bow of the top broken, the upholstery torn, old tubes inserted in the casings and a radiator installed which was not designed for the car in question. Defendants filed an answer in which they denied that false representations were made. They alleged that the car had been “used as a demonstration car for the said defendants herein” and that plaintiff was informed of the true condition of the car at the time of the purchase. The ease was tried with a jury and a verdict rendered in plaintiff’s favor fixing the damages at $925. Upon motion for a new trial plaintiff consented to a reduction of the judgment to the sum of…