Stubblefield Chevrolet Co. v. Martinez

SAVOY, Judge.. Plaintiff-appellant, Stubblefield Chevrolet Company, Inc., instituted suit for the balance due on the purchase price of a 1954 Chevrolet, 2-ton truck. The basis of the original suit was a promissory note dated December 19, 1957, in the sum of $1,224, with eight per cent per annum interest, from maturity, plus ten per cent attorney’s fees; the note was subject to a credit of $68 paid February 1, 1958. Defendant-ap-pellee, Wesley Martinez, admitted the purchase of the used truck and the execution of the promissory note, but reconvened seeking to rescind the sale on the basis of…