Smead v. Sutherland

This cause was commenced before a justice of the peace and appealed to the county court. It is an action for a breach of an automobile purchase contract with an ad damnum of $200.00. Trial was by court, resulting in a judgment for the plaintiff to recover $217.85 of the defendant. The cause is here upon the defendant’s exceptions to the findings of fact and the judgment.

We quote the findings material to the consideration of the questions briefed, “1. The plaintiff is a dealer in cars but has neither showroom nor new cars on hand for sale, and this fact was known to the defendant. “2. On June…