Winfrey v. Galena Automobile Co.

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by C. C. Winfrey against the Galena Automobile Company to recover damages for the failure of the defendant to assign an insurance policy. The plaintiff recovered, and the defendant appeals.

On August 18, 1921, the plaintiff purchased a Ford car from the defendant for $312.50 and the agreement of sale included among other things an assignment of an insurance policy that had been previously taken out on the car. It appears that the car had been first sold to one Flynn, and at that time the defendant procured…