Howell

Statement of the Case

Plaintiff sued for rescission of the purchase from defendant of three trucks, each equipped with rubbish bodies, for a total purchase price of $47,738.43, on the grounds of fraud, negligence, mistake and failure of consideration.

Plaintiff contends that it relied upon an invoice prepared by defendant Courtesy Chevrolet, Inc. (hereafter Courtesy), which included the description and cost of the three trucks with the rubbish bodies mounted thereon. Courtesy contends that this invoice was prepared for the convenience of plaintiff’s agent, Western Leasing Co. (hereafter Western), and upon receipt of the total purchase price from plaintiff, Courtesy transmitted that portion of the purchase price allocated to the rubbish bodies to a body company designated by Western, and the plaintiff’s lessee, Aladdin Sanitation and Engineering Corporation (hereafter Aladdin).

The body company which received the payment was owned by Aladdin and never installed the rubbish bodies on the trucks.

The court rendered judgment for partial rescission for negligent misrepresentation and for failure of consideration caused by the fault of Courtesy in the sum of $28,136.40,…