Butler-Veitch, Inc. v. Barnard

PULLEN, J., pro tem.

This action was brought by the respondent, as plaintiff, against the defendant and appellant for a specified sum, being the installment payments due it at the date of the commencement of the action under an executory contract of sale, wherein plaintiff had agreed to sell and defendant had agreed to buy a motor truck, the total price payable in installments.

Defendant answered, admitting the execution of the contract, but alleged that at the same time and place and as a part of the same transaction and at the instance of plaintiff, and as an inducement to the defendant to…