DE WINTER v. LASHLEY

No. 7311.

274 S.W.2d 40 (1954)

E. L. DE WINTER and M. J. DeWinter, Partners, d/b/a Suburban Tire Service, Respondents, v. Charles R. (Babe) LASHLEY, d/b/a Lashley Motor Sales Company, Appellant.

Springfield Court of Appeals. Missouri.

December 28, 1954.


Attorney(s) appearing for the Case

Will H. D. Green and H. D. Green, West Plains, for defendant-appellant.

Otis L. Clonts, St. Louis, J. L. Bess, West Plains, for plaintiff-respondents.


RUARK, Judge.

The plaintiff-respondents sued the defendant-appellant and his wife on an account which involved the sale of a quantity of tires. Defendant Hetta Lashley filed her separate answer, and plaintiffs have abandoned as to her. The defendant in his answer set up, among other things, that the plaintiffs fraudulently represented that the tires were "first line rubber tires and were guaranteed"; that the defendant relied upon the warranty and misrepresentation...

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