Pace v. Magnavox Co.

DEVINE, J. pro tem.*

Plaintiff filed a complaint against a manufacturer and a dealer for rescission of a contract of sale of a combination radio, phonograph and television set which he alleged to be defective. He also sought *192damages for repairs to the set, and although respondents attempt to make the point on this appeal that the remedies are inconsistent, they made no demand for election of remedies nor did they make any reference to the inconsistency in the trial court, and are precluded from raising the point now.

Much energy has been expended by both sides in discussing the nature of the…