Pacific Acceptance Corp. v. Whalen

Respondent being the owner of a new Buick automobile, on July 1, 1920, purchased from one Walling, agent for the Sheane Motor Company, assignor of appellant, a Stephens automobile at the agreed price of $2,460. Walling took in part payment the Buick car at the agreed consideration of $2,000 and the balance, $460, was to be paid in money. The Stephens car was to be delivered to respondent out of a shipment of automobiles then en route. The shipment arrived,- but Walling was unable to make the required financial arrangements to have the shipment actually delivered to him, and was, on that…