Goss v. Suburban Motors, Inc.

WOLFE,. Commissioner.

This is an action by the purchaser of a truck against the seller. The seller contracted at the time of the sale to install a dump body on a truck chassis that the. buyer had purchased. The truck was destroyed by a collision before it' was delivered to the buyer and the buyer here sues to recover the value of the truck destroyed. The case originated in the magistrate court and was tried on appeal to the court on an agreed statement of facts. There was a judgment in favor of the plaintiff and the defendant prosecutes this appeal.

The, agreed statement of facts is as follows:

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