Luck v. McNeil

Opinion by

Linn, J.,

Plaintiff agreed to buy two 5-ton trucks from defendants for $11,000. Defendants agreed to take in payment two used 3¿ ton trucks at $6200 and to receive the balance in equal monthly payments represented by plaintiff’s notes, payment to be secured by bailment lease. The agreement of sale was executed and delivered February 11, 1922, the bailment lease and notes on February 15th. About February 16, defendants notified plaintiff they would not deliver the 5-ton trucks, contending that there was a misunderstanding between them and plaintiff as to essentials in the sale;…