Judgment in the action brought by Julian, Alfred and Silvain Heimendinger trading as the Auto Castle against I. Delbourgo was given by Mr. N. E. Lurton, U.S. Commissioner, on Thursday morning.
In giving his decision the Commissioner said The evidence submitted in this case shows that the defendant executed a contract whereby he agreed to exchange his motor-car for one owned by the plaintiff with a de finite promise to pay the latter an to additional Tls. 500 on a definite subsequent date.
The contract appears to be clearly stated as to its terms, but defendant seeks to set it aside on the grounds of fraudulent misrepresentations amounting to. a warranty upon which the defendant relied, the truth of which was not discovered until after he had sign-
Text read from the printed page and cleaned; old type leaves the occasional error.