McCormick v. Hoyt

This is an action by the appellant to recover the balance of the price of “one lot of clocks and clock materials” sold to the respondents. The respondents cross-complained, alleging that the merchandise was faulty in that many of the clocks were without works and other materials were unusable. The respondents asked for rescission of the contract and for a return of the payments they had made. The trial court found that under the circumstances of the sale, there was an implied warranty of merchantability, which was breached, and awarded the respondents a judgment of rescission of the contract.…