Theobalt v. Wiemann

O’QUINN, Justice.

Defendant in error was plaintiff in the court below, and plaintiff in error was defendant. We shall refer to plaintiff in error as appellant apd defendant in error as appellee.

Appellant Theobalt was an automobile dealer in Port Arthur, Tex. He sold Essex Terraplane automobiles. On July 29, 1935, he sold appellee Wiemann a 1935 model Terraplane sedan for $825. Wiemann traded in a 1930 model Chevrolet coach for the agreed price of $165. The $165 was credited on the purchase price of the Terraplane, and he executed notes in payment of the remainder of the consideration for the…