Martin v. Dutton Motors, Inc.

ODOM, Justice.

As stated by counsel for plaintiff in their brief at page 5, this is a suit by Theodore H. Martin against Dutton Motors, Inc., “for damages caused by the failure of defendant to deliver ten new Ford trucks in accordance with a contract entered into between plaintiff and defendant on April 8, 1941”.

Plaintiff alleged that on April 8, 1941, he delivered to defendant seven used Ford dump trucks, which said trucks were received and have since been held by the defendant “as a deposit on new Ford dump trucks which were thereafter, to be purchased by petitioner at his convenience for…