Plaintiff bought a new car from defendant. A little after car was delivered to plaintiff, water was leaking through the windscreen and sunroof of the car. Although defendant tried to remedy the problem, including changing the windscreen water was still leaking. Parties entered into negotiations but the dispute was not resolved. Plaintiff instituted this lawsuit on the basis that the vehicle was not of the quality agreed upon. Plaintiff requested the court to declare that the vehicle did not conform with the quality agreed upon and that it cancel the contract of sale. Defendant pleaded inter alia that the plaintiff could not rescind the sale because he failed to deposit the car under the court’s authority and moreover that plaintiff’s claim was prescribed.