Hento v. Melmer

This is an action brought to recover on a check for $2,300.00 given by defendant for the purchase of a used truck. Judgment was entered dismissing the action on the merits and plaintiffs appealed.

On January 21, 1948, defendant took possession of the vehicle and delivered the check to plaintiffs. On the same day the vehicle was placed in a blacksmith shop for the pur pose of making some alterations. It was left there until the night of January 23, when fire burned the shop and destroyed the truck. Defendant then stopped payment on the check. It is undisputed that plaintiffs, the vendors, did…