Fleming v. Consolidated Motor Sales Co.

This action was brought by plaintiff, William Fleming, through his guardian ad litem, for that purpose duly appointed, for the cancellation of a certain executed contract of sale of an automobile and the return to the plaintiff of the consideration given therefor.

The complaint alleges that, on September 10, 1923, defendants, Jerry Miller and Cal Whitney, effected a pretended sale to plaintiff of a Haynes sport model automobile; that, at the time, said William Fleming was an incompetent person without mental capacity to understand business transactions, and also that at said time plaintiff was…