Don McCullagh, Inc. v. Dimitroff

Plaintiff brought suit on a check for $900 made and given to it by defendant as part payment of the $3,000 purchase price of a used automobile and made a prima facie case by introduction of the check into evidence. Defendant claimed rescission based on alleged misrepresentation by plaintiff’s salesman concerning the mileage on the automobile. Defendant purchased the automobile from plaintiff on September 15, 1948. He testified that on about September 28th he learned the facts about the true mileage on the car; that shortly thereafter he talked to plaintiff’s salesman about trading it in on a…