Sand v. . Garford Motor Truck Co.

In November of 1919 plaintiff bought two trucks from the defendant, one bearing the factory serial No. 1530 and the other No. 1575. As they failed to work the plaintiff offered to return them and brought action for rescission renouncing title thereto and demanding back the purchase price.

In his bill of particulars the plaintiff states that the trucks were finally returned in February or the first part of March, 1920.

The trial justice dismissed the complaint as to truck No. 1530 on the ground that as the plaintiff had attempted to sell it he could not rescind his purchase.

The jury gave a…