326 Mich. 174 | Mich. | 1949
Complaining against defendants in a plea of trespass on the case, plaintiff’s declaration alleges that defendants Baldwin and Harpool were copartners engaged in the used car business, that defendant Bartig was their employee, that the partners caused Bartig to execute a conditional
On trial before the court without a jury plaintiff, adduced proofs to show its purchase of the contract (without recourse) from the partners, the payments made and balance due thereon, that plaintiff’s manager had seen Bartig drive the car in question, and that the records of the secretary of State failed to, disclose as registered a motor vehicle Avith the motor and serial numbers set forth in- the contract. This, in substance, constituted the whole of plaintiff’s proofs. The trial court found no proofs to establish a case of fraud and entered a judgment of no cause for action. Plaintiff appeals.
The trial court properly held that matters offered in connection with a motion for new trial, which were available to but not availed of by plaintiff at' trial, cannot afford a basis for a new trial. LikeAvise, we do not consider them in reviewing the trial court’s holding that plaintiff proved no fraud. The answers of defendants IiarpooLand Baldwin, which; plaintiff claims did not sufficiently set forth the sub
Judgment affirmed. Costs to defendants, except defendant Bartig, who filed no brief on appeal.