Williams v. General Motors Acceptance Corp.

KLINGEMAN, Justice.

General Motors Acceptance Corporation, hereinafter referred to as GMAC, brought suit on a conditional sales contract between Smith Motor Sales, hereinafter referred to as Smith, as seller and R. M. Williams, hereinafter referred to as Williams, as purchaser of a 1965 Chevrolet Diesel Tractor,

which contract was assigned by Smith to GMAC. Williams filed a cross-action against GMAC and a third-party action against Smith for fraud, breach of warranty and rescission. Smith filed a cross-action against Williams for down payment allegedly due it. Trial was to a jury and judgment…