McNamara v. Corte-Real

Williams, RJ.

After the plaintiff, Seth T. McNamara (“McNamara”), had purchased a used pickup truck from the defendant, Michael J. Corte-Real (“Corte-Real”), he sought to rescind the sale transaction. Following a jury-waived trial, the judge found in favor of Corte-Real on the basis of McNamara’s failure to prove both that there had existed undisclosed defects in the truck that would have entitled him to rescind the sale, and that he had returned, or would be returning, the truck to Corte-Real. McNamara appealed, claiming it was error for the trial court not to have found that he was entitled…