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APPLEBAUM v. FALCO LEASING COMPANY

No. 33441.

447 S.W.2d 799 (1969)

Joseph D. APPLEBAUM and Sol Bierman, d/b/a Fixture Mart, Plaintiffs-Appellants, v. FALCO LEASING COMPANY, a Corporation, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

November 18, 1969.

Attorney(s) appearing for the Case

Julius H. Berg, Lashly, Caruthers, Rava, Hyndman & Rutherford, Alan J. Steinberg, St. Louis, for plaintiffs-appellants.

Anderson, Gilbert, Wolfort, Allen & Bierman, Stuart M. Haw, Jr., St. Louis, for defendant-respondent.

DOERNER, Commissioner.

Claiming that the warranty implied from the sale by defendant to plaintiffs of a new motor vehicle had been breached, plaintiffs elected to pursue one of the two remedies available to them, Dubinsky v. Lindburg Cadillac Co., Mo.App., 250 S.W.2d 830, 832, by returning the automobile and suing to recover the full purchase price of $1575, as well as $400 expended for...

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