Bowland v. Brown

MILLIKEN, Justice.

This appeal involves the purchase on October 3, 1949, of an allegedly new 1949 Chrysler New Yorker at the used car lot of the appellee. The appellant, purchaser, sought a rescission' of the contract of purchase or monetary relief in the alternative. The case was tried on depositions by the court without the assistance of a jury and, without finding of facts, the trial judge succinctly gave judgment for the appellee, seller.

Lured by the new-car beauty of the Chrysler on the appellee’s used car lot, the appellant,- owner of a 1940 DeSoto, was in a mood to deal. After a bit of…