Emery v. Weed

SPAETH, President Judge:

This action arises out of an agreement by appellee’s son to purchase a Pacer Corvette automobile from appellant, a Chevrolet dealer. Appellee’s son made several downpay-ments, but before payment was made in full, the Pacer was stolen from appellant’s premises. Shortly afterwards, ap-pellee’s son died. Appellee, as his son’s administrator, then sought to cancel the agreement and to recover his son’s downpayments. The trial court sitting en banc, one judge dissenting, held that appellee is entitled to this relief; in doing so, the court dismissed appellant’s counterclaim…