Clark v. Linley Motor Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover the purchase price of a Fordson tractor and a set of plows. The Ford Motor Company was originally made a party to the action, but went out of the case on the sustaining of a motion to quash service. A second cause of action went out of. the case on a requirement at the close of the *420plaintiff’s evidence that he elect. From a judgment for plaintiff based on his first cause of action, the defendant appeals.

A history of the transaction is stated in the court’s findings as follows:

“. . . On October 19, 1925, the…