Kraft v. Spencer Tucker Sales, Inc.

A. J. Kraft brought this action against Spencer Tucker Sales, Inc., to recover twenty-eight hundred dollars. He had deposited this sum on the purchase price of a new Tucker automobile. The purchase could not be completed because Tucker 'automobiles have never been available for delivery. Defendant denied liability on the ground that the deposit had been made with one Henry E. Spencer, individually, and was therefore not the obligation of the corporation.

Early in 1947, Spencer was the sole proprietor of a used car and automobile repair business located at 1606 North First street, Yakima,…