Newton v. Smith Motors, Inc.

175 A.2d 514 (1961)

Mildred NEWTON

v.

SMITH MOTORS INC.

No. 40.

Supreme Court of Vermont. Addison.

November 7, 1961.

Hanford G. Davis, Brandon, for plaintiff.

Bloomer & Bloomer, Rutland, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

HOLDEN, Justice.

The plaintiff seeks restitution of the initial payment made in the purchase of a used car from the defendant. The action is founded on an informal rescission of the contract by the buyer for an alleged breach of an express warranty on the part of the seller. The jury found for the plaintiff, judgment was entered on the…