Head v. Quigley

This is an action in assumpsit arising from an agreement on the part of the defendant, an automobile dealer, to sell an automobile owned by the plaintiff. The case was tried by a justice of the superior court sitting without a jury and resulted in a decision for the plaintiff in the amount of $1,800 and costs. The case is before this court on the defendant’s exceptions to that decision.

It is not disputed that plaintiff was the owner of a 1952 Pontiac automobile which, in October 1954, he left with defendant for the purpose of having it sold on his behalf. The defendant testified that in…