HAMITER, Justice.
In this cause the plaintiff, Heyward S. Tucker, demands principally a rescission of the sale to him by the defendant, Central Motors, Inc., of a Dodge automobile and a refund of the purchase price paid of $2,370.04.
The petition, among other things, alleges: "That petitioner purchased said automobile only because he believed and relied upon the representations of defendant and its employees that said automobile was the latest 1949 model;...
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