GARBARK v. NEWMAN

No. 33049.

51 N.W.2d 315 (1952)

155 Neb. 188

GARBARK v. NEWMAN et al.

Supreme Court of Nebraska.

January 18, 1952.


Attorney(s) appearing for the Case

Sterling F. Mutz, Lincoln, for appellants.

Max Kier, Charles Bocken, Lincoln, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


BOSLAUGH, Justice.

This is an action at law based upon rescission by appellee of a contract for the purchase by him from appellants of a used automobile on the ground of breach of an express warranty of the condition of the machine, to recover a money judgment for the purchase price paid at the time of the transaction, and for the amount of expenditures made on account of the machine before appellee discovered the falsity of the representations made and that the warranty...

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