Colorado Kenworth Corporation v. Whitworth

Opinion by

Mr. Justice Frantz.

We recount the chronology of the transaction and the ensuing suit which culminated in the issuance of a writ of error from this court on application of Colorado Ken-worth Corporation. Kenworth would have us reverse an adverse judgment in the sum of $5,000.00 obtained by Whitworth.

On December 19, 1956, Whitworth purchased a used truck-tractor from Kenworth at a sales price of $6,500.00. His initial payment was represented by a credit of $1,428.48 for a truck which he turned over to Kenworth and cash in the sum of $500.00. He gave Kenworth a note for the balance,…