General Motors Corporation v. Earnest

SIMPSON, Justice.

This case was begun by complaint against General Motors and A.C.S. Chevrolet Company, Incorporated, a Chevrolet dealer in Jasper. The case went to the jury on three counts, one a common count' for money received by the defendants to the use of the plaintiff, and two counts seeking a rescission of the contract of sale of a 1963 Chevrolet automobile, based upon breach of warranty, and seeking a refund of the amount paid on the purchase price in the amount of $1,022.88. The jury returned a verdict against defendant General Motors in this amount. The dealer escaped liability.…