Fortner v. Wilson

We shall refer to the parties as they appeared in the trial court.

fThe plaintiff, R. C. Wilson, sued the defendant, J. W. Fortner, in the district court of Custer county, alleging that in January of 1947, he entered into a contract with the defendant, who operated a Chevrolet sales agency, whereby he agreed to purchase and defendant agreed to seil a new Chevrolet car for the list price, plus the usual and ordinary costs of handling, freight and accessories; that the defendant gave plaintiff a written order for the car, bearing the number “44”, which showed the order of sequence in which…