Blackwell

Plaintiff brought suit for the recovery of moneys paid under a sale contract for the purchase of an automobile. Defendant appeals from a judgment rendered for plaintiff in the sum of $275.

Plaintiff testified that he saw an advertisement of the defendant guaranteeing a new car for ninety days; that he called on the defendant and the automobile was shown to him by a salesman, who said to him: “We guarantee the car for ninety days; you have got the advertisement in your hands and we stand by our guarantee. We give you a written guarantee also with that.” That he agreed to purchase the machine, and that when defendant presented the contract for signature he inquired about the guarantee; that the defendant said the guarantee could not be included in the contracts because it would cost too much to discount them, but that if plaintiff would sign the contract that he would have the guarantee typewritten and mailed to plaintiff the next morning; that plaintiff never received the guarantee and defendant refused it. By leave of court, plaintiff was granted permission to amend his complaint, alleging fraud. While there was a sharp conflict in the evidence, yet there was evidence to support…