Legal Opinion
Rodriguez v. Northern Auto Auction, Inc.
Appellate Terms of the Supreme Court of New York
Decided January 25, 1962PublishedCited by 4 opinions
1Per curiam
Although plaintiff was entitled to disaffirm the purchase of the automobile on the ground of infancy, defendant should have an opportunity to recoup any loss sustained from deterioration of the automobile while in plaintiff’s possession. (Scalone v. Talley Motors, 3 A D 2d 674; Rice v. Butler, 160 N. Y. 578.)
It is noted, however, that the foregoing cause of action is inconsistent with the remaining claim for damages for fraud in the inducement of the contract. Both theories may not be asserted simultaneously, and, by the instant motion, plaintiff must be deemed to have elected to proceed on…
2Cases cited2 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Brown v. Manufacturers Trust Co.New York Court of Appeals · 1938
3Cited by4 opinions
- Prudential Oil Corp. v. Phillips Petroleum Co.District Court, S.D. New York · 1975
- Dodson Ex Rel. Dodson v. ShraderTennessee Supreme Court · 1992
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983