Keyser v. O'Meara

On November 4th, 1931, the defendant sold the plaintiff a Ford automobile truck, cab and chassis, for $816, the then prevailing price for a new motor vehicle of that type and model, receiving therefor $100 in cash, twelve notes of the plaintiff amounting to $516 and another Ford truck of the agreed value of $200. The defendant warranted the car so sold to be new and unused. The plaintiff used the car for' six months and then discovered that it was not new at the time of his purchase, but had been previously used by other parties, whereupon he at once offered to return the car to the defendant…