Walter v. Garland Automobile Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Garland Automobile Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of June, 1914, denying defendant’s motion for judgment on the pleadings.
1Opinion of the Court
Scott, J.:
This is an action in equity to rescind a contract of purchase of an automobile from defendant to plaintiff, and to recover back the purchase price. . The ground upon which rescission is sought is fraud and misrepresentation by defendant as to the quality and value of the subject of the purchase. As incidental relief (and this is probably the real reason for the action) plaintiff seeks to enjoin the prosecution of an action commenced in the Municipal Court by the defendant to recover the cost of repairs made upon said automobile after the purchase. Some of the representations claimed…
2Cases cited3 opinions
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- Halsted v. BusterSupreme Court of the United States · 1886
3Cited by3 opinions
- Colombe v. City of Niagara FallsNew York Supreme Court · 1937
- Dennin v. PowersNew York Supreme Court · 1916
- Vine v. Piehler Pontiac Corp.New York Supreme Court · 1954