Prowitt v. Lunt

McDonough, justice.

This is a suit in equity for the rescission of a contract for the purchase of an automobile. The trial court entered a judgment of “no cause of action,” and the plaintiff appeals.

The facts out of which this dispute arose are as follows: On March 19, 1941, Clifford P. Prowitt, the appellant, came to the respondents’ garage for the purpose of purchasing a new automobile. The respondents exhibited, to the appellant a 1941 Chrysler sedan, which, at the time it was shown to the appellant, had been used as a show car and demonstrator and had been driven approximately 2,651 miles.…