Hay v. McKinley

Birdsong, Judge.

Breach of contract. The facts of this case show that appellants Mr. and Mrs. Hay undertook to purchase a 1973 Rambler auto from the appellee McKinley d/b/a Tempo Sales and Leasing Co. They traded an older model Cadillac plus $575 cash as the purchase price. McKinley was not present when the sale was consummated. The Hays took possession of the Rambler on the day of the sale, signed over title to the Cadillac to Tempo and left the Cadillac with Tempo. Mr. and Mrs. Hay were aware at the time of the sale that Tempo did not have present possession of the title to the Rambler. The…