El Paso Furniture Co. v. Gardner

SUTTON, Justice.

This appeal is from the judgment of the El Paso County Court at Law.

The plaintiff, El Paso Furniture Company, instituted this suit against the appel-lee, as defendant, to cancel and rescind a sales contract, with reservation of title, and to recover an Electrolux Refrigerator alleged to be of the value of $250.

Plaintiff alleged it sold to the defendant the refrigerator on July 10, 1943, which said sale was evidenced by a written contract wherein it is recited the consideration paid and to be paid is the sum of $250, $50 of which was paid in cash and the balance payable in…