Ferguson v. H. Paulman & Co.

This is an appeal by the defendant from a judgment in the sum of $500 entered upon the finding of the court. Plaintiff’s statement of claim alleged that on April 14, 1921, he deposited with the defendant, who is appellant here, $500 pursuant to the terms of a written contract dated April 2, 1921, whereby plaintiff ordered from defendant a Pierce-Arrow passenger automobile, with equipment and specifications; that the plaintiff had at all times kept and performed the contract, but that the defendant failed and refused to deliver the automobile by May 31, 1921, as provided by the contract, and…