Bill Dreiling Motor Company v. Shultz

Opinion by

Mr. Justice Moore. *

Defendants in error were plaintiffs in the trial court and will be referred to herein as plaintiffs or by name. Plaintiff in error will be referred to as defendant or as Dreiling.

The complaint of plaintiffs contained two claims for relief: (1) Rescission of a contract allegedly procured by false representation; and (2) damages for breach of warranties contained in the contract sought to be rescinded in the first claim. On motion of defendant, plaintiffs were required to elect as between the two claims, and they elected to proceed upon their claim for rescission.

Th…