Fairbanks, Morse & Co. v. Hooper

Opinion op the Court by

Judge Winn —

Reversing.

About July 13, 1909, appellant, by written'contract, sold to appellee a three-cylinder marine gasoline engine, with all accessories. The price was $275, of which sum $200 was paid in cash. Hooper turned in an old engine owned by him, which appellant was to endeavor to sell within four months' for $75, the balance due from Hooper; and if it was not sold within this time, the old engine was to be returned to Hooper and he was to pay the $75 in money. It was agreed also that if the services of an engineer to erect the engine in Hooper’s boat were *155neces…