Bundy v. Dillard

Marshall, Judge.

Bundy filed a complaint against Dillard alleging breach of contract and fraud in that Dillard failed to assume and make payments on a tractor that Bundy allegedly sold Dillard. Dillard denied ever agreeing to purchase the tractor and that he accepted possession of it only for the purpose of trying it out, that while in his possession, the tractor broke down and required repairs costing $469 for which Dillard counterclaimed.

The case was tried before a jury. At the conclusion of the evidence, Bundy moved for a directed verdict on Dillard’s counterclaim for several reasons: that…