Contracts Keyed to Murphy
Bowling v. Sperry
Facts
Plaintiff bought a 1947 Plymouth from Defendant, for the sales price of $140.00. Plaintiff paid a $50.00 deposit and paid the balance when he received the car. At the time he took possession of the car, his aunt and grandmother accompanied him to the dealership, but the purchase was done in his name and it was known that he was the buyer of the car. After driving the car for a week, it was discovered that the main bearing had burned out and Plaintiff attempted to return the car. The Defendant refused to return his money and suit followed. At the trial level, the Court dismissed the case, based on the fact that Plaintiff had borrowed money from his aunt and had been accompanied by her to the dealership when he took possession of the car. Plaintiff appealed.
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