Speciale v. Ward

LEAR, Judge.

This matter arose as a suit to rescind the sale of a desk. In March, 1977, plaintiff purchased from defendant a desk described as a solid walnut English partner’s desk. The desk was covered by a thick layer of black paint or lacquer and when stripped was found to be neither solid nor walnut, but veneer.

Plaintiff’s witnesses, as well as plaintiff, testified that defendant represented the desk to be solid walnut, defendant denies that he did so. The trial court accepted the testimony of plaintiff and his witnesses and rescinded the sale, but denied damages and attorney fees on the…