Cocco v. Glennon

After a trial, a judgment was entered herein for the plaintiff, a minor, to recover the full purchase price paid by him to the defendant for an automobile, which machine had been returned to the defendant before the minor took steps to disaffirm the contract. When it was returned, the car was in a damaged state due to a collision resulting from defective brakes thereon. The plaintiff had been in possession of the car for about two months.

Upon motion, the judgment was opened to permit the defendant to claim that the judgment should be reduced by the amount of the damage to the car or that a…