Stoffberg v. Hosbach Motors, Inc.

In this action the plaintiff, an infant, seeks to recover the price of an automobile purchased from the defendant, alleging that shortly after his purchase he disaffirmed the contract and returned the automobile; but that the defendant refuses to return his money. In addition to the general issue pleas in assumpsit, the defendant also pleaded, by way of confession and avoidance, that the sale was made fairly and in good faith and had been fully performed on both sides and that at the time of the attempted rescission the automobile had been in constant use for nearly throe months and, although…