Medical Adjustment Bureau, Inc. v. Garrett

DOUCET, Judge.

This is a suit on an open account wherein defendants assert the sale involved was never completed, and alternatively, the sale was thereafter effectively rescinded. From an adverse judgment, plaintiff-creditor appeals. We reverse.

The facts indicate that Doris Dodge Fashions was having a sale. Defendant Nina Garrett went down to the store on or about Wednesday, July 23, 1980, and tried on $2,138.70 worth of clothing she was desirous of purchasing, however, it needed to be fitted due to her stocky stature and obesity at the time. Accordingly, she agreed to purchase the clothing…