Whiteley v. Downs

The first, second, third, and fourth head-notes do not require elaboration.

One ground of the demurrer is that the petitioner does not offer to do equity, and seeks relief from liability on the note without offering to restore the benefits received under his contract of purchase. The petition alleges that Downs returned the automobile to the defendant, that a payment had been “made thereon of about six hundred pounds of peanuts, and the said automobile not [ ?] having been used very little, the said Whiteley Motor Company has been put in as good condition with reference to the purported sale…