Breen v. Bowers

Opinion by

Trexler, J.,

The plaintiff bought of the defendants on May 21, 1920, under a written contract a Cole automobile. The car was delivered May 24,1920. After he had bought the car the plaintiff left upon a trip west, returning July 3, 1920, but in the meanwhile the car was left with a sister, who used it. The plaintiff upon his return, by letter dated July 7, 1920, rescinded the contract and tendered the car to the defendants. The actual tender was made July 30,1920, when the car was taken to the place of business of the defendants, who refused to receive it, and on August 14th it was…