Sparks v. Doss

SIMS, Justice.

Appellee brought this action to rescind a contract for the purchase of an automobile on the ground of breach of warranty. The jury awarded her $1000 damages but did not rescind the contract. The seller of the car seeks to reverse the judgment entered on the verdict because: 1. The court erred in not directing a verdict in his favor ; 2. the instructions were erroneous. On her cross-appeal the purchaser seeks a reversal because: (a) The instructions did not submit to the jury the question of rescinding the contract; (b) the court erred in not sustaining her motion to deliver the…