Theobald v. Weber

Garfield, O. J.

Following trial to the court plaintiff, who contracted to buy from defendant an airplane which was not delivered, recovered judgment for the down payment of $500 on the purchase price.

On October 24, 1963, plaintiff was engaged in aerial crop spraying and charter flying at Mapl'eton. Defendant had an agency at Denison and later in Sioux City for sale of Cessna airplanes. On the date mentioned plaintiff agreed to buy from defendant a Cessna 172 Skyhawk plane as described in a printed and signed purchase order at an agreed price of $10,786. It is admitted the plane was to be…