Griffiths v. Brooks

The controversy to be decided is one between plaintiff and defendant Brooks. But certain transactions between plaintiff and defendant Stevens have such relationship thereto that it may be well to make mention of them at the outset.

In January 1938 Stevens agreed to sell to plaintiff a new Pontiac automobile for $1,009.80 (inclusive of sales tax), of which amount plaintiff agreed to pay $709.80 on May 1, 1938, the date on which Stevens agreed to deliver the car. The remaining $300 of the purchase price plaintiff paid to Stevens when the contract was made or within a day or two thereafter, by…