Katzenmeyer v. Kuske

Wilson, O. J.

Appeal from an order denying an alternative motion for judgment non obstante or a new trial.

Plaintiff bought and paid for an automobile from defendant, which was to be delivered when he was ready for it. He claims he was to have a new car. Defendant claims plaintiff bought the identical car used for demonstrating purposes which had been driven about 600 miles. Several months after the purchase and before plaintiff was ready for his car, defendant left a car at his place. It was not satisfactory. Plaintiff claims it was a second-hand car which was in bad condition and had been…