McGowan

The plaintiff and appellant Pacific Finance Corporation, having instituted an action in replevin against the respondent McGowan for possession of an automobile, the latter joined issue therein, and commenced an action for rescission of a contract of conditional sale under which he acquired the same, naming said corporation and appellant Western Motors Company as defendants. The cases were consolidated, and after trial judgment was rendered rescinding the contract, and awarding to the plaintiff in the second action all moneys alleged to have been paid by him thereunder. Both companies appealed.

Certain of the findings of fact are uncontroverted. It appears that on August 17, 1922, respondent, accompanied by his son, Dorrell McGowan, were shown a Mercer automobile at the salesrooms of Western Motors Company, which he agreed to purchase, and for which he paid on account the sum of $75 in cash and gave a Buick car for which he was allowed a credit of $400. He signed an order designated “Customer’s Deposit Receipt,” which described the machine as “one used Mercer automobile, touring 4 Pass.,” and recited the price as $1,000, from which were deducted the above credits, and Leaving bal…