Stonebraker v. Zullinger

Opinion by Stadtfeld, J.,

This is an action of assumpsit brought by John E. Stonebraker against J. F. Zullinger for the purchase price of a truck delivered under an oral contract of sale.

Plaintiff was engaged in the automobile business in Hagerstown, Md., and represented by John Detrich, in Chambersburg, Pa., who died prior to the trial of this case. In August, 1935, plaintiff’s agent and defendant entered into negotiations concerning the sale of a used Dodge truck which was subsequently delivered at the latter’s home in Orrstown, Pa. Plaintiff, in his statement of claim, alleges that the…