Mears v. Rood

Jim Johnson, Associate Justice.

This is an appeal from a chancery decree denying rescission of a contract.

The lawsuit was filed by the appellant, Carl A. Mears, to rescind a conditional sale contract dated May 26, 1958, under which the appellant purchased a 1956 Reo truck tractor from the appellee, Fred R. Rood, d/b/a Diamond T Sales and Service Company, for a total time price of $3,864.48, payable at the rate of $161.02 per month. The contract had been promptly assigned by Fred Rood to the appellee, Universal C. I. T. Credit Corporation.

The complaint alleged in part that there was failure of…