McMahon v. Fiberglass Fabricators, Inc.

HATHAWAY, Judge.

Appellant (plaintiff below) commenced an action on December 30, 1969, to recover a $1,000 deposit he had made as partial payment of the purchase price of two station-wagon campers which he had orally agreedto purchase from appellee, Fiberglass-Fabricators, Inc. (one of the defendants below). On August 4, 1966, this money was transmitted to Fiberglass with a cover-letter confirming a verbal agreement to-purchase the merchandise via telephone conversation with appellee Raben, sales manager for Fiberglass and another defendant below.

The check was accepted and plaintiff was…