TOWNSEND, J.
1. The 1st, 2nd, 3rd, and 6th grounds of demurrer attack the petition on the ground that there is no cause of action, and that it is duplicitous in attempting to join an action in contract with an action in tort. The petition sets out that the automobile was, at the time of its purchase, represented to be in good mechanical condition as to brakes and other items;
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