Heidner v. Hewitt Chevrolet Co.

The opinion of the court was delivered by

Cowan, J.:

This is an appeal from a judgment denying specific performance in a case involving the purchase of an automobile. The facts have been found by the district court and no exceptions taken thereto by either party. This court, on appeal, is bound by the findings of fact but not by the conclusions of law.

From the findings of the trial court the following facts are estab*12lished: On January 8, 1946, the plaintiff below deposited, with defendant company at Ottawa, Kan., $100 on a new car and received a receipt reading as follows:

“Hewitt Chevrolet…