Weddington v. Boshamer

We think it is clear from the evidence adduced in the trial below that the agreement between the plaintiff and the defendant for the purchase and sale of the knitting machines in question was intended to constitute a cash transaction, subject only to the confirmation of the defendant’s bid at the bankruptcy sale. Plaintiff’s own testimony supports this view, and when the defendant ascertained that the plaintiff’s check given in payment for these machines was worthless, he had the right to rescind the sale.

It is the settled law in this jurisdiction that where personal property is sold for a…