Barstow v. Elmore

The opinion of the court was delivered by

Wedell, J.:

This was an action by a purchaser to rescind the sale of a motor vehicle by a licensed automobile dealer and to recover the purchase price.

Both parties appeal from certain rulings. For purposes of clarity we shall continue to refer to them as plaintiff and- defendant. The plaintiff was Waldo E. Barstow and the defendant Joe Elmore, doing business as the Joe Elmore Chevrolet Company;

The action was tried by the court without a jury. Judgment was for plaintiff. Defendant timely filed a motion for new trial. The motion for new trial was not…