Atlanta Trailer Mart, Inc. v. Warr

Felton, Chief Judge.

1. In a proceeding instituted to recover a judgment for the balance due on notes and a conditional-sale contract given in a transaction for the sale of a trailer-bus the *254answer of the defendants setting up that there had been a rescission of the contracts by the acceptance of the return of the bus to the plaintiff and an agreement by the plaintiff to refund the $500 down payment made by the defendants, though including another defective defense, was not subject to general demurrer. The alleged rescission agreement was for a rescission of the original contract as a whole…