Hoard v. White

The opinion of the court was delivered by

Marshall, J.;.

In this action, the plaintiff seeks to recover $230 which he alleged in his bill of particulars had been loaned to the defendant. Judgment was rendered in favor.of the defendant, and the plaintiff appeals.

*532The plaintiff signed a written order to the defendant for an automobile. That order contained the following language:

“If the balance of the full purchase price is not settled by me within fifteen days after notice that said motor car is ready for delivery, you may cancel this order and retain all payments made by me as liquidated…