Legal Opinion
Newton v. Smith Motors, Inc.
Supreme Court of Vermont
Decided November 7, 1961No. 40PublishedCited by 14 opinions
1Opinion of the CourtHolden, J.
The plaintiff seeks restitution of the initial payment made in the purchase of a used car from the defendant. The action is founded on an informal rescission of the contract by the buyer for an alleged breach of an express warranty on the part of the seller. The jury found for the plaintiff, judgment was entered on the verdict and the defendant appeals.
Early in March, 1958 the plaintiff purchased a 1957 Ford convertible automobile from the defendant. She paid the defendant three hundred dollars in addition to an allowance of four hundred dollars as the value of her 1950 Chevrolet, which the…
2Cases cited11 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- Nye v. LovittSupreme Court of Virginia · 1896
- Knapp v. Willys-Ardmore, Inc.Superior Court of Pennsylvania · 1953
- White Automobile Co. v. DorseyCourt of Appeals of Maryland · 1913
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Allstate Insurance v. StinebaughCourt of Appeals of Maryland · 2003
- Kneebinding, Inc., John Springer-Miller, Tina Springer-Miller and ACL Investments, LLC v. Richard HowellSupreme Court of Vermont · 2018
- Stevens v. CROSS ABBOTT COMPANYSupreme Court of Vermont · 1971
- Berríos v. Courtesy Motors of Puerto Rico, Inc.Supreme Court of Puerto Rico · 1964
- MJ Delaney Company v. MurchisonCourt of Appeals of Texas · 1965
9 more not listed; retrieve them via the Exa API.