Avery Co. v. Seeley

The opinion of the court was delivered by

Mason, J.:

C. M. Seeley sued the Avery Company and the West Motor Car Company for damages, alleging that the latter as the agent of the former had sold him a tractor for $2,400 under certain representations that if true would have made it worth that amount, but that in fact it was worth no more than its junk value of $75. He also alleged additional damages of $1,000 by being deprived of the use of a tractor for fall plowing. A jury trial resulted on May- 4, 1920, in a verdict and judgment in favor of the plaintiff against the Avery Company for $1,900,…