Bradway v. Higgins

This is an action at law to recover a down payment on a written contract entered into between the plaintiffs and defendant wherein the plaintiffs agreed to purchase the garage equipment, parts, tools, and supplies including a service car, from the defendant. The parties admit the execution of the contract and the payment of $500 as a down payment when the contract was entered into.

The plaintiffs’ petition does not have attached to it a copy of .the contract as an exhibit, but pleads certain terms of the contract which will hereinafter be discussed.

The plaintiffs’ petition alleged that the…