Kuchta v. Western Oldsmobile, Inc.

(Pro Tempore)

This is an appeal from a judgment on a jury’s verdict awarding plaintiff $2,200 in an action to rescind a contract for the purchase of an automobile for alleged fraud.

On Saturday, April 5, 1958, the plaintiff, a Danish-Polish immigrant, entered the defendant’s automobile agency and discussed trading his Pontiac station wagon on a 1957 Oldsmobile car. This discussion was with Chuck Hodge, an employee and agent of the defendant corporation.

No agreement was reached at that time, and another meeting was arranged for the next afternoon, which was Sunday. At this meeting, after…