Popp v. Yuenger

The assignments of error are based on alleged errors in the court’s rulings in relation to the measure of damages recoverable by the plaintiffs, as automobile dealers, for the defendant’s breach of a contract to purchase a new Chevrolet automobile. In the order signed by the defendant on September 13, 1937, there was the statement,—

Cash Delivered Price of Car — De Luxe Equipment $792.50 1935 Ford. 452.50

Balance .$340.00

The plaintiffs were ready, able, and willing to deliver the Chevrolet automobile equipped as ordered, but the defendant refused to accept delivery and to deliver his 1935 Ford…