Show S PREME COURT COUET i SEEF i IN APPEAL CASE CASEi i tf The supreme court In an opinion by y Justice J J. W W. Ch Cherry Y reverses re- re verses itself in the case of ot Howard G Goddard i against the Lexington M rotor company appeal appeal being taken y f Goddard Tiie rhe he action in the district court J busa Salt f t Lake count county y was to recover hc purchase p price paid by appellant appel appel- lant ant fr an automobile alleged to toc toi c i the ve been dell delivered to him on approval ap- ap ap b by respondent upon the ernis that if it Was as not satisfactory tory rio tory he could return it and have the Il purchase price repaid to him It is Alleged Alleged that the automobile e was not noti i as represented that appellant reh re- re h used to accept it it and returned It to respondent S and demanded the re return re- re turn urn urn of or the purchase price paid which was as refused Meredith Matthews Matthews Matth- Matth was joined as a defendant but at the trial the ac action Ion was volun- volun dismissed as to him Mm A jur jury was impaneled and the i appellant offered his evidence at atthe the conclusion of which the court granted anted respondents respondent's motion for nonsuit against him From Prom the judgment for tor respondent entered thereon thereon appellant appealed to the court This case was vas formerly argued find and submitted to the he supreme court says Judge Cherry and a decIsion decision rendered affirming the Judgment Later upon the petition dof of appellant was granted grant grant- fed grant grant- ed and oral arguments were again made made 1 in whIch which the questions in inis- inis Dis Dispute were presented In a somewhat different aspect from that from that In which they con were first presented and con considered considered con Upon the rehear rehearing ng we have reached the conclusion that the judgment appealed from ought to be reversed From what has been said It follows follos that the motion erroneously sustained sustained sus sus- for tor nonsuit was as The judgment is reversed and a new trial gran granted fed |