Foss-Hughes Co. v. Norman

Rodney, J.,

delivering the opinion of the court:

It is contended by the plaintiff that his previously existing contract to purchase the motor vehicle was rescinded by the subsequent correspondence; that thereafter the Foss-Hughes *110Company simply retained the deposit, theretofore made, to be applied on account of the purchase price of a motor, vehicle in case he, Norman, subsequently decided to purchase one, but that there was no liability upon him to make such purchase. The plaintiff contends, in short, that the pre-existing contract was rescinded by mutual consent as evidenced by the…