Bales v. Massey

Plaintiffs’ action seeks to establish rescission of the sale by the defendant to plaintiffs of a grand piano and to recover the sum of $1320.95 which it is claimed represents the purchase price paid by them. They maintain there was an express warranty that the piano purchased was new. The defendant-company in its answer admitted that the piano sold the plaintiffs was a rebuilt piano- but denied any warranty as claimed by the plaintiffs. Upon the submission of the plaintiffs’ evidence the trial court directed a verdict for the defendant and thereafter overruled plaintiffs’ motion for a new…