Fulcher v. Nelson

159 S.E.2d 519 (1968)

273 N.C. 221

Daniel W. FULCHER

v.

Norwood NELSON.

No. 111.

Supreme Court of North Carolina.

March 6, 1968.

Nelson W. Taylor, Beaufort, for plaintiff appellee.

Wheatly & Bennett, Beaufort, for defendant appellant.

BOBBITT, Justice.

The gravamen of plaintiff's action is the alleged breach by defendant of his contractual obligation to "trade back" if plaintiff was "not happy with car." Although seeking to rescind, plaintiff does not base his alleged right to do so on fraud or breach of warranty. He bases it solely on the ground the contract gave him the right to "trade back," that is,…