Sayler v. Brady

Nuessle, Ch. J.

The plaintiff in this case seeks to rescind a contract for the purchase of an automobile and to recover that part of the consideration paid by him.

The case was tried to the court without a jury. The facts are stipulated. From this stipulation it appears that the defendant was engaged in the business of selling- automobiles in the city of Fargo. On March 11, 1933, he entered into a written contract under which he agreed to sell and the plaintiff agreed to buy a 1933 Model Studebaker Six Kegal Sedan at a price of $1,250. At the time this contract was entered into the plaintiff…