Westfall v. Motors Ins. Corp.

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Appeal from a judgment of the district court of Gallatin County in favor of the plaintiff and from an order denying a new trial.

The cause was tried before a jury and from the record it appears that on February 13, 1957, plaintiff, Byron L. West-fall, purchased a 1952 used Hillman automobile from Robert F. Dye, Inc., a retail automobile dealer doing business in Bozeman, Montana for $495. As a down payment, plaintiff was allowed a total of $200 for a 1937 Ford truck and a 1949 Ford automobile. The balance of $295 was financed…