Fulcher v. Nelson

Robert J.

The grayamen of-plaintiff’s action,,is; the alleged breach .by defendant^.of; his contractual obligation ■ to “trade back” if plaintiff, was “not happy,-with car.” Although seeking to.-rescind, plaintiff does .-not báse his alleged right to. do so on fraud or breach of warranty. He bases it solely on the ground the contract gave bim the right to “trade back,” that is, to . rescind.

Whether the court erred in overruling defendant’s motion for non-suit depends upon the validity of the special' contract provision. Interpretation thereof is prerequisite to a determination of its validity.

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