Bryant v. Hancock

McDONALD, Chief Justicé.

In February 1955 Hancock, who is in the automobile sales business, “sold” Bryant a used 1948 truck for $995. Bryant paid Hancock $300 as a down payment; $12 additional so that Hancock could transfer the certificate of title to the truck properly; and executed notes secured by mortgage for the deferred balance of $695. Hancock had a title certificate which showed ownership in another person than himself, but which was assigned to him on the back. This title certificate, however, was to a 1942 model truck, rather than to a 1948 truck. Hancock kept the keys to the truck;…