Scherg v. Puetz

This action was brought by respondent to recover an amount due him because of a breach of contract by appellant. In the contract, dated November 16, 1951, it was agreed that appellant would sell respondent a 1952 Lincoln Cosmopolitan automobile as such model became available, and at the prevailing price of such model when available. In consideration therefor the respondent sold to appellant his 1951 Lincoln Cosmopolitan automobile. The car of respondent had been damaged. The respondent agreed to pay the cost of repairs to put the 1951 car in proper condition, appellant to do the repair work.…