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ELWOOD EDWARDS AUTO SALES v. KINSEY

No. 16404.

225 P.2d 59 (1950)

123 Colo. 52

ELWOOD EDWARDS AUTO SALES, Inc. v. KINSEY.

Supreme Court of Colorado, en Banc.

November 20, 1950.

Attorney(s) appearing for the Case

Dickerson, Morrissey & Zarlengo, Walter F. O'Brien, Wm. F. Dwyer, Davis & Lutz, and Ralph Loeb, all of Denver, for plaintiff in error.

Walter F. Scherer, Denver, for defendant in error.

HOLLAND, Justice.

We will refer to the parties herein as they appeared in the trial court, where defendant in error was plaintiff.

On March 2, 1949, plaintiff filed his complaint in rescission in the district court alleging that defendant was an automobile dealer and on or about September 1, 1948, plaintiff purchased a new 1949 Hudson sedan for use as a pleasure and business car; that defendant impliedly warranted...

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