Hamilton v. Neff

The opinion of the court was delivered by

Robb, J.:

This is an appeal by the plaintiff in a tort action from the order of the trial court sustaining defendant’s motion for a directed verdict and overruling plaintiff’s motion for new trial.

Plaintiff, a mechanic, was in need of an automatic transmission for a 1948 Buick and on February 10, 1956, he telephoned the Neff Auto Salvage Company in Wichita and talked with W. M. Briley, manager of the salvage yard, with respect to purchasing such a transmission. As a result of the conversation plaintiff drove to the yard to make the purchase and upon…