James v. Barnett

DIXON, Chief Justice.

This is an appeal from a summary judgment in favor of appellee James W. Barnett, who was defendant in the trial court. The judgment was that appellant, plaintiff in the trial court, take nothing by his suit.

On January 18, 1964 appellant Weldon James, Jr., an unmarried minor, twenty years of age, filed suit against appellee, a used car dealer, for rescission of a contract for the purchase of an automobile and for return of the purchase price, $2,700 cash. In his original petition appellant pleaded a tender of return of the car to appellee and appellee’s refusal thereof.

In…