Messer v. Averill

On June 8, 1966, defendant Averill sought to purchase a used car from defendant DeBidder, doing business as Quality Used Cars. Arrangements were made with defendant DeBidder and his agent, George Dewey, whereby Averill traded his previous car to DeBidder as a down payment on the car. Additionally, DeBidder undertook to arrange automobile financing on Averill’s behalf. DeBidder’s efforts to obtain credit for Averill were generally unsuccessful for eight days subsequent to the alleged “sale.”

On June 17, 1966, defendant Averill was involved in an auto accident with plaintiffs while driving the…