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GENERAL MOTORS CORPORATION v. EARNEST

6 Div. 228.

184 So.2d 811 (1966)

GENERAL MOTORS CORPORATION v. Edd EARNEST.

Supreme Court of Alabama.

March 31, 1966.

Attorney(s) appearing for the Case

Jas. C. Barton, Russell Carter, Jr., and Deramus & Johnston, Birmingham, for appellant.

T. K. Selman and Hugh Beaird, Jasper, for appellee.

SIMPSON, Justice.

This case was begun by complaint against General Motors and A.C.S. Chevrolet Company, Incorporated, a Chevrolet dealer in Jasper. The case went to the jury on three counts, one a common count for money received by the defendants to the use of the plaintiff, and two counts seeking a rescission of the contract of sale of a 1963 Chevrolet automobile, based upon breach of warranty, and seeking a refund of the amount paid on the purchase price in the...

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