DON McCULLAGH, INC. v. DIMITROFF

Docket No. 29, Calendar No. 44,725.

327 Mich. 656 (1950)

42 N.W.2d 775

DON McCULLAGH, INC., v. DIMITROFF.

Supreme Court of Michigan.

Decided May 18, 1950.


Attorney(s) appearing for the Case

Pierce, Planck & Ramsey, for plaintiff.


DETHMERS, J.

Plaintiff brought suit on a check for $900 made and given to it by defendant as part payment of the $3,000 purchase price of a used automobile and made a prima facie case by introduction of the check into evidence. Defendant claimed rescission based on alleged misrepresentation by plaintiff's salesman concerning the mileage on the automobile. Defendant purchased the automobile from plaintiff on September 15, 1948. He testified that on about September...

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