Green v. Northeast Motor Company

QUINN) Associate Judge.

Alleging breach of implied warranty of fitness, 1 appellant instituted this suit tp recover the price of a used car and to rescind the contract of sale. The following is the substance of appellant’s, testimony. In December 1959, he. visited .appellee’s business location and informed the salesman -that he wished to purchase a used car as a Christmas gift for his son. He was shown a 1951 Mercury sedan and, according to his testimony, was told “ ‡ * * that the car wasn’t running, but that it would run and he [the salesman] would guarantee the car would be in perfect…