Pitcher v. Webber
Supreme Judicial Court of Maine
On exceptions and motion by defendant. Assumpsit on account annexed to recover the sum of $750 for an automobile alleged to have been sold and delivered by the plaintiff to the defendant.
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On exceptions and motion by defendant. Assumpsit on account annexed to recover the sum of $750 for an automobile alleged to have been sold and delivered by the plaintiff to the defendant. Plea, the general issue together with a brief statement setting up, as a defense, breach of warranty, no delivery or acceptance, the statute of frauds and rescission, the defendant also stating in his brief statement that he claimed to recoup certain sums laid out by him on the automobile, and also to recoup "whatever expense he may be put to in the defense of this action, including a reasonable amount for…
1Opinion of the Court
■Emery, C. J.
This was an action for the price of an automobile alleged to have been sold and delivered to the defendant. Three issues of fact were raised at the trial, viz : (1), whether there was a delivery of the automobile, (2), if a delivery, whether there was such misrepresentation in the sale as authorized the defendant to rescind, and (3), if such right of rescission, whether the defendant *103seasonably effected a rescission. This last issue was taken from the jury by a ruling of the presiding Justice that even if there was a right of rescission it had not been effectually exercised. The…
2Cases cited4 opinions
- Boles v. MerrillMassachusetts Supreme Judicial Court · 1899
- Smith v. HaleMassachusetts Supreme Judicial Court · 1893
- Matteson v. HawkinsSupreme Court of Vermont · 1873
- Sandwich Manufacturing Co. v. KellyAppellate Court of Illinois · 1887
3Cited by7 opinions
- Deaton v. RushTexas Supreme Court · 1923
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Windsor Print Works v. C. F. Hathaway Co.Court of Appeals for the First Circuit · 1923
- Clappison v. FoleySupreme Judicial Court of Maine · 1953
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