Gaither v. Wallingford
Oregon Supreme Court
From Multnomah; George Tazwell, Judge. Department 1. This is an action brought to recover certain sums of money paid by plaintiff as part of the purchase price of an automobile bought by him on the installment plan, from the defendant. The plaintiff bases his right to recover the money paid upon two grounds: First, fraud and misrepresentation by defendant as to the condition of the machine, inducing the purchase; second, minority of the plaintiff at the time of the purchase.
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From Multnomah; George Tazwell, Judge. Department 1. This is an action brought to recover certain sums of money paid by plaintiff as part of the purchase price of an automobile bought by him on the installment plan, from the defendant. The plaintiff bases his right to recover the money paid upon two grounds: First, fraud and misrepresentation by defendant as to the condition of the machine, inducing the purchase; second, minority of the plaintiff at the time of the purchase. Upon the trial a jury was waived and the court made the following findings of fact: “That on or about the first day of…
1Opinion of the CourtMcBRIDE, J.
1. The testimony in the case was somewhat conflicting, but we are of the opinion that there is some evidence tending to sustain each finding. We are therefore precluded from any inquiry into the comparative weight of the testimony.
2. Assuming, therefore, as we must, that the findings are correct, this case does not differ in principle from Petit v. Liston, 97 Or. 464 (191 Pac. 660, 11 A. L. R. 489). That case was carefully considered and we are not disposed in any way to depart from the doctrines therein enunciated. On the authority of that precedent and the cases therein cited, the judgment…
2Cases cited1 opinion
- Petit v. ListonOregon Supreme Court · 1920
3Cited by4 opinions
- Murdock v. Fisher Finance CorporationCalifornia Court of Appeal · 1926
- Olshen v. KaufmanOregon Supreme Court · 1963
- Berryman v. Highway Trailer Co.Appellate Court of Illinois · 1940
- Olshen v. KaufmanOregon Supreme Court · 1963