Praid v. Klein Motor Car Co.

Iobst, J.,

— On Aug. 14, 1923, plaintiff agreed to buy a Maxwell sport touring-car from the defendant for $1125. Defendant’s salesman agreed to take in payment plaintiff’s Stearns-Knight touring-car at an agreed price of $375 and the balance in cash. Pursuant to this agreement, the plaintiff delivered the Stearns-Knight car and $50 in cash to the defendant on Aug. 14, 1923. Subsequently, to wit, on Aug. 25, 1923, another agreement was entered into between the plaintiff and defendant by one Clayton A. Klein, vice-president and treasurer of the defendant corporation, at which time plaintiff paid…