Rigby v. Nord

Stone, Justice.

Action for breach of contract wherein the decision below went for plaintiff. Defendant appeals from the order denying his motion for amended findings or a new trial.

In October, 1938, plaintiff traded in his used 1938 Ford, under a contract with defendant wherein the latter agreed to sell him a new 1939 car on conditional sales contract. Plaintiff was then owing a finance company a balance of $439 on the price of the old car. Defendant refused to perform the contract, and this suit followed. The defense, as pleaded, was that plaintiff fraudulently misrepresented the amount…