Chavez v. United Motor Car Co.

HIGGINS, Judge.

This is a suit by a prospective purchaser of an automobile to recover a deposit of $200 from an automobile dealer. The petition alleges that the written contract under which the deposit was made is a nudum pactum, containing a potestative condition, and the defendant is illegally retaining plaintiff’s money.

Defendant answered admitting that a contract was entered into and that the deposit of $200 was made thereunder, but denied that the contract was illegal, and avers that plaintiff had breached it by refusing to purchase either a new or second hand car as he was obligated to…