Smith v. Boise Kenworth Sales, Inc.

BAKES, Chief Justice.

The instant controversy arose when an attempted purchase of a diesel truck failed to materialize. Plaintiff appellant Joseph Smith, who alleged that he had actually purchased the truck, appeals from a lower court order granting summary judgment in favor of defendant respondent Boise Ken-worth Sales, Inc. The record consists of affidavits, depositions and exhibits.

Joseph Smith, a self employed businessman, had previously purchased a new 1971 Kenworth truck from Boise Kenworth. Beginning in late 1972 and continuing into the summer of 1973, Smith and Walter Casey, sales…