Evening Republican, Volume 21, Number 4, Rensselaer, Jasper County, 6 January 1917 — New Suit Filed. [ARTICLE]

New Suit Filed.

John W, Ward vs. John W. Marlatt. Plaintiff complains that on Aug. 21, 1916, he! purchased five passenger E. M. F. automobile for $175 of defendant;, S3O in cash and the balance in installments of $7.00 per week. To secure deferred payments chattel mortgage was executed arid delivered to the defendant a watch, property of the plaintiff, valued at S6O, to be held as pledge and additional security for payment of deferred payments; that v at time of purchase plaintiff asked defendant as to condition of automobile and in particular to the real axle and that , defendant freely and fraudulently represented the same to be in good condition and that the rear axle was recently overhauled and was in first class condition, in order to make the sale and that plaintiff said auto would safely carry a 1,000 pound load.. and that plaintiff purchased machine on representations as made, believing the statements to be true: that the automobile had not been overhauled as represented and was not in first class condition and that rear axle was broken haTTwayTFtwo; that plaintiff returned machine to defendant and demanded S3O and wajex and asked to rescind the deal, that defendant refused; plaintiff therefore asks S3O, watch and plaintiff’s promisory note in sum of $145, that by reason of which plaintiff had been damaged in the sum of $235. Plaintiff therefore asks for judgment of $235 against plaintiff.