Braden v. Stem

RUSSELL, Judge.

This is a contract case involving the sale of goods.

Following an ore tenus hearing, the trial court ruled that the buyer properly revoked his acceptance and held a contract between the parties for the sale of an automobile to be rescinded, ordering a return of the purchase price to the buyer, in addition to interest.

The seller appeals. We reverse and remand.

The dispositive issue on appeal is whether the buyer’s continued use of the automobile for a period of approximately seven months after allegedly rescinding the contract constituted an affirmance of that contract.

*1111Initially,…