Toering v. Glupker

On July 28, 1944, defendant sold to plaintiff a tractor for $2,275 receiving therefor a down payment of $300 and a chattel mortgage for the balance. In May, 1945, plaintiff paid the balance of $1,500 then due on the mortgage. It is plaintiff’s claim that the tractor was a 1937 model but that defendant represented it to be a 1940 model, thereby obtaining from the office of price administration an authorization to sell to plaintiff at a price $576.62 in excess of the maximum ceiling price for the vehicle in question.

On October 1, 1945, plaintiff commenced this suit' by filing a declaration…