Thoma v. Tracy Motor Sales, Inc.

This is a suit for conversion of a new Lincoln automobile. Plaintiffs are the owners of the car and defendant is the automobile sales and service agency which sold the car and with whom plaintiffs had left the car for repairs following an accident. After the taking of proofs, the trial judge directed a verdict for defendant. Hence, in reciting the facts where they are in dispute, we take the favorable view toward plaintiffs’ evidence which the jury would have had a right to take had the case been submitted. Gapske v. Hatch, 347 Mich 648; Miller v. Pillow, 337 Mich 262.

In April, 1953, Ross and…