Taylor v. Steinke

Defendant appeals from an order denying his motion to vacate a default judgment. We reverse.

The litigation out of which this matter arose involves the purchase and sale of a truck between the parties, both of whom appear to have been principally engaged in the occupation of farming. Defendant publicly advertised a truck for sale. Pláintiff orally offered to purchase the truck on August 15, 1971, and made a downpayment thereon. As a part of the bargain, defendant removed from the truck a grain box and notified plaintiff’s wife 2 days later that the truck was ready for delivery. Plaintiff did…