GENTRY v. LITTLE ROCK ROAD MACHINERY COMPANY

No. 5-2218.

339 S.W.2d 101 (1960)

Joseph A. GENTRY, Appellant, v. LITTLE ROCK ROAD MACHINERY COMPANY, Appellee.

Supreme Court of Arkansas.

October 17, 1960.


Attorney(s) appearing for the Case

Jeff Duty, Rogers, Wayne Foster, Little Rock, for appellant.

Moore, Chowning, Mitchell, Hamilton & Burrow, Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

This is a suit by the appellant for rescission of a conditional sales contract by which he bought a secondhand tractor from the appellee, for $6,875. The complaint asserted two grounds for cancellation of the contract: First, that the seller had made false representations about the condition of the tractor, and, secondly, that there had been a breach of an express or implied warranty. The chancellor granted rescission upon the second ground...

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