Vatterott v. Gryder Motors, Inc.

FLANIGAN, Judge.

Plaintiff-respondent Joseph Yatterott (“Joseph”) brought this action against Gry-der Motors, Inc. (“Gryder”), defendant-appellant.1 Joseph had placed a 1971 GMC truck (Ident. No. DH92A-A173894) in the possession of Gryder, a car dealer, in order that Gryder might locate a purchaser. In March 1972, Gryder “sold” the truck to H. J. & W., Inc. and received from that corporation $20,500 representing the purchase price. Upon Gryder’s refusal to pay Joseph any of the proceeds, this action was instituted.

The petition alleged, in general, that Joseph had placed the truck with Gryder…