Lester v. Percy

July 9, 1957, John Stenger, a salesman employed by Percy’s Parts and Equipment (which will be referred to as though it were the sole defendant and respondent) sold to Mrs. Gloria Lester (who will be referred to as though she were the sole plaintiff and appellant) a Duplex washer and dryer for use in her nursing home. When the equipment failed to function as represented, she brought this action for rescission of the contract. (Although the *502Duplex Corporation was named as a defendant, service on it was never obtained.)

The cause was tried to the court, and, at the close of plaintiff’s case, the…