Goldfine v. Johnson

Stone, Justice.

The verdict was for defendant. On motion of plaintiffs for a new trial or judgment notwithstanding the verdict, judgment was ordered for plaintiffs. Defendant appeals.

October 3, 1938, plaintiffs sold and delivered to defendant a farm tractor on conditional sales contract. On the same day defendant, after using the tractor for some few minutes, discovered defects therein and sought to return it, rescinding the sale and demanding a return of his down payment of money and used machinery. Plaintiffs refused the return, and later, upon defendant’s refusal to pay the balance of the…