Cobb v. Truett

On June 7th, 1940, plaintiff purchased from defendant a 1939 model Buick automobile for the price of $850. Defendant gave plaintiff a credit of $375 on the purchase price, representing the trade-in value of one used Hudson-Terraplane Sedan, which plaintiff delivered to defendant. The balance of the purchase price, $475, was paid to the defendant in cash. The written invoice and bill of sale to plaintiff carried a "new car guarantee", and warranted the Buick to be, in all respects, in good running order.

It appears that within three days after the car was delivered to plaintiff, he sent it back…