Musser v. Schock

Opinion by

Linn, J.,

Defendant appeals from judgment for the amount claimed in an infant’s suit to recover the value of an automobile delivered by the infant to defendant as part of the purchase price of another car sold to the plaintiff by defendant.

The price of the new car was $1,584; defendant’s pleadings aver that plaintiff’s old one was taken on account “at the agreed price of” $1,100; his note was taken for the balance. While in plaintiff’s possession, the new car was damaged; he took it to defendant for repair; when he demanded it back, defendant refused to return it unless he paid his…