Demarco v. Pickett Motor Sales, Inc.

While the County Court in affirming the. judgment in this case seems to have treated it as one for conversion, the judgment, however, cannot be sustained as a recovery for a tort because of the absence of a demand. (MacDonnell v. Buffalo L., T. & S. D. Co., 193 N. Y. 92.) The complaint, however, stated facts constituting a cause of action in contract. There is testimony showing that defendant received and sold plaintiff’s automobile under an agreement between it and the plaintiff whereby it was to sell the plaintiff’s car, receive the proceeds to and for the use of the plaintiff. In such case…