Sullivan v. Berardi

Mr. PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

This is an appeal from a judgment for $1,500 entered by the circuit court of Fulton County after trial without a jury. The judgment was in favor of plaintiff-appellee, Gilbert Sullivan, and against defendant-appellant, Joseph Berardi.

Sullivan sought damages of *1,500 in his complaint because a diesel tractor which he had purchased at auction from the defendant was not as represented.

At trial, Sullivan testified that prior to the sale Berardi said the tractor had been completely overhauled, reconditioned, had a new battery and new…