Harper v. Green

Eberharbt, Judge.

The evidence did not demand a verdict for the plaintiff in view of the contract between the parties that plaintiff would do the repairs and defendant would then sell the car and divide the proceeds equally between them. Plaintiff, urging the defendant to bring the car in and sell it for that purpose, recognized that a loss might result to both. Consequently, under that contract his entitlement might have been less than the amount of the account sued on.

Although it appears that the car was either not sold and was kept hidden out by the defendant, or was sold and defendant had…