Fountain v. Beaumont Implement Co.

In this case the appellant sued the appellees for damages in the sum of $705, alleged to have been sustained in consequence of appellees’ breach of a verbal contract with him to sell for him an au-tomobile for $600 or more, with the further agreement and understanding that appellees should apply such proceeds of sale to the extent of $600 on an indebtedness owed by appellant to the Beaumont Implement Company for a new car that he purchased at the time such claimed verbal contract was made.

Appellees answered by general demurrer, general denial, and further specially pleaded res adjudicata and…