Sowders v. Clyde Overdorf Motors, Inc.

White, J

Plaintiff-appellant traded for a late model car orally promising to deliver his trade-in the next day, but never did so. Defendant-appellee asked him to return the later model, which he did. He then sued defendant alleging that defendant converted the returned car to his own use. Defendant counterclaimed for the agreed value of the undelivered trade-in. Trial to the court resulted in judgment of $879.21 to defendant on his counterclaim and nothing to plaintiff on his complaint.

At the trial plaintiff’s counsel invoked the parol evidence rule in an unsuccessful attempt to exclude all…