Magner v. Fairchild Motor Car Co.

CHARLES F. CLAIBORHE, JUDGE.

This la a damage suit baaed on the failure of the vendor to deliver the thing sold. The plaintiff alleges that one Emile A. Rainold purchased from the defendant a new automobile, and in part payment thereof gave a number 42 Five passenger second hand ''Oldsmobile; that knowing the value of the automobile ao given in payment by Rainold ho authorized him to offer the defendant Company $500 for the same; that the defendant Company accepted the offer and advised Rainold that the car would be delivered on March 31; that on April 2 the defendant Company notified Rainold…