Treadwell

An action was commenced by the plaintiff against defendants to recover from defendants $2,000 of the purchase price of a Stearns automobile, and judgment went for the defendants. A separate appeal was prosecuted by the plaintiff from that part of the judgment denying it relief. The defendants and appellants A. W. Treadwell and E'. L. Treadwell filed a cross-complaint alleging that at the time of their purchase of the Stearns automobile for the sum of $2,770 made up of $2,000 in cash and a used automobile valued at $770, that it was represented that the automobile being purchased was a 1922 model; that in truth it was not a 1922 model, but a 1921 model; that plaintiff was well aware of the fact that it was a 1921 model; that defendants and cross-complainants relied upon the representation and that by reason of its purchase due to such reliance and inducement, were damaged in the sum of $620 or the difference in the value and selling price of the two models. After the overruling of a general demurrer interposed by the plaintiff, it filed its answer to the cross-complaint in which it denied that the representation was falsely made with intent to deceive or that plaintiff relied…