Railroad Waterproofing Corp. v. Memphis Supply, Inc.

Appellant, having purchased a motor vehicle in Tennessee from Memphis Supply, Inc., a Tennessee corporation, upon a conditional bill of sale, rescinded the sale, after having brought the vehicle to New York, on the ground that the vendor" had misrepresented the year of the manufacture of the vehicle as being 1945 when in fact it was 1941. Appellant then instituted action in New York against the seller to recover the sum of $3,250, which was the purchase price. Jurisdiction over the seller was based upon a warrant of attachment upon the vehicle. The vendor did not appear in the action. In the…