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DAVIDSON v. FRANCIS MTR. CAR CO.

216 Or. 480 (1959)

338 P.2d 658

DAVIDSON v. FRANCIS MOTOR CAR COMPANY

Supreme Court of Oregon.

Affirmed April 29, 1959.

Petition for Rehearing denied May 27, 1959.

Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed a brief for appellant.

Robert P. Dickinson, Portland, argued the cause for respondent. With him on the brief was Dean M. Alexander, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and MILLARD, Justices.

AFFIRMED.

PER CURIAM.

1. This is an action at law by plaintiff-appellant by which he alleges that he rescinded a contract for the purchase of an automobile from defendant. He attempts to recover the amount of the purchase price paid on the contract. His action is in the nature of assumpsit. State ex rel. Bethke v. Bain, 193 Or. 688, 701, 240 P.2d 958. The trial court refused a directed...

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