MINERS'AND MERCHANTS'BANK v. Gidley

Caplan., Judge:

This is a civil action instituted in the Circuit Court of Preston County wherein the plaintiff, Miners’ and Merchants’ Bank, a Corporation, seeks to collect from Robert N. Gidley, Sr. a certain sum of money representing the purchase price of an automobile. After all the evidence had been submitted the jury returned a verdict for the plaintiff, and the defendant prosecutes this appeal.

On June 28, 1961 the defendant’s son, Robert N. Gidley, Jr., then a member of the United States Air Force, was traveling in his automobile from Great Falls Air Base in Montana to his home near…