Wentworth & Irwin, Inc. v. Sears

(dissenting.) On July 9, 1930, defendant purchase from plaintiff a GMC truck for the sum of $3,237.40, upon which a credit of $1,073.88 was given, and the balance was incorporated into a conditional sales contract, payable at the rate of $180.29 per month. This truck is designated as truck No. 2.

Plaintiff commenced this action to recover a balance alleged to be owing on the purchase price of the GMC truck. Defendant, by a counter-claim, sought to recover damages sustained through the loss of a contract for hauling highway surfacing material in the performance of which defendant was engaged…