Chamberlain v. Bob Matick Chevrolet, Inc.

The complaint in this action, as amended, alleged a breach of warranty by the defendant in the sale of a used automobile and sought relief by rescission or by recovery of damages. The finding of the court, whieh is not subject to correction except as made of our own motion and hereinafter set out, shows the following facts: In the *687summer of 1965, Christopher Komisarjevsky, age twenty, a student at Union College, wanted to buy a secondhand or used car for himself. He and his mother, Ernestine Chamberlain, the plaintiff in this action, visited between five and ten car lots. Eventually he came…