Pendell v. Warren

The only issue on this, a second appeal from a judgment had in the Superior Court of the county of San Bernardino is as to the amount, if any, the appellant is entitled to recover, on a rescission by the defendant, the vendee under a conditional contract of purchase and sale of an automobile truck, for benefits received by the vendee from use of the truck while in his possession.

The action was brought by the vendor, as the plaintiff, to recover from" vendee, as defendant, the unpaid balance of the agreed purchase price. The defendant, after notice of rescission sought by cross-complaint a…