Smith v. Leppo

This is a suit in equity for the rescission, on the ground of fraud, of a contract involving the purchase of a used automobile. Said purchase was made on August 3, 1955, and delivery of said automobile was made to plaintiff 2 days later. It is his claim in the instant suit that he undertook to operate said car but immediately discovered that it was not in suitable mechanical condition therefor, that it was unfit for use for transportation purposes, and that he immediately returned possession thereof to defendant. Plaintiff, at the time of such return, expected defendant to put the car in…