MILLIKEN, Justice.
This appeal involves the purchase on October 3, 1949, of an allegedly new 1949 Chrysler New Yorker at the used car lot of the appellee. The appellant, purchaser, sought a rescission of the contract of purchase or monetary relief in the alternative. The case was tried on depositions by the court without the assistance of a jury and, without finding of facts, the trial judge succinctly gave judgment for the appellee, seller.
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