Fuselier v. J.C. Cormier Sales and Service

In February, 1938, the plaintiff turned over to the defendant a damaged Ford car for which the defendant, an automobile dealer, allowed him a credit of $350 as a trade in value for a new Plymouth automobile to be delivered plaintiff during the year 1938. The defendant paid out the sum of $234.71 on account of a mortgage and other charges against the Ford car, and allowed plaintiff a credit of $115.29 on the new Plymouth. The order blank signed by both parties provides that the Plymouth Delux 1938 model was to be delivered in 1938, "or as soon thereafter as possible." The contract gave the…