Weiss v. Gross

Pee Cubtam.

This is an appeal by the defendant below from a judgment of the District Court of New Brunswick in favor of the plaintiff rendered by the trial judge sitting without a jury.

The plaintiff sued for the recovery of a deposit paid by plaintiff to defendant on a written agreement for the purchase and sale of an automobile which was not delivered (first count) and upon an agreement to rescind the agreement of sale and return the deposit (second count).

The plaintiff admitted the making of the agreement for purchase, dated May 23d, 1929, which called for the delivery of a 6-80 Stearns…