Margan v. Precision Motors, Inc.

SAMUEL, Judge.

This case is before us again after remand for additional evidence.1 Plaintiff seeks rescission of the sale of a 1973 Alfa Romeo automobile purchased by him from defendant, Precision Motors, Inc. Also made defendants are Alfa Romeo, Inc., the vehicle’s distributor, and Alfa Romeo, the vehicle’s manufacturer.

In our original opinion we set forth the rule that, although it is not necessary for the buyer to prove the particular and underlying cause of the defect in a complicated piece of machinery, the burden of proof is upon the plaintiff to establish both the existence of a…