Hymer v. Dude Hinton Pontiac, Inc.

STONE, Presiding Judge.

On July 17, 1957, plaintiff Hymer purchased a 1957 Pontiac Bonneville convertible from defendant, Dude Hinton Pontiac, Inc., at Joplin, Missouri. Plaintiff paid “the suggested list price” of $5,709.64 by issuing a $100 check to defendant, trading to defendant a mortgaged 1954 Cadillac automobile for which plaintiff was allowed the net sum of $1,559.64, and executing an installment note (hereinafter referred to as the purchase money note) for the balance. Treating the Pontiac as a new automobile (as did plaintiff and his counsel upon trial of the instant case), J. N.…