Staggs v. Herff Motor Co.

This is-a suit brought by the buyer, J. T. Staggs, to rescind a contract for the purchase of an automobile from the seller, the defendant, Herff Motor Company, for a breach of warranty and to recover the amount which he had paid on the automobile.

The facts are, complainant, Staggs, purchased from defendant on or about October 30, 1961, a 1961 G-alaxie Ford automobile which defendant represented to be new, but soon thereafter it developed the car had been used and was in bad condition.

The consideration consisted of a 1957 Ford automobile, valued at $540.69, a down payment of $200.00, and the…