Supreme Court of Alabama November 7, 1914 (Stewart v. Riley & Johnson)

ANDERSON, C. J.

The counts upon which this case proceeded are not upon the theory of a rescission of the trade as to the automobile, but for deceit and a breach of warranty as to the two horses traded as a part of the purchase price of the machine, with one count for $50, claimed to be omitted from the check given the plaintiffs by the defendant.