Steiner v. Jarrett

BURCH, J.

The defendants appeal from a judgment in favor of plaintiff for $440 and costs. Plaintiff sues as an assignee to bring action or suit. The assignment was duly executed and received in evidence. The appeal is before us on a settled statement of facts and includes the exhibits received in evidence at the trial.

The settled statement shows these facts which tend to support the judgment. E. R. Walker, plaintiff’s assignor for suit, purchased from defendants a secondhand passenger

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bus for $1,100 cash and transfer of a used Chevrolet automobile. During the negotiations leading up to the sale, the defendants wrote Walker a letter about the bus, from which we quote:

“We sent the Engine down for rebuilding but they sent it back and said it was not rebuildable as three of main bearing supports are cracked. They did say though that the engine could be fixed and rebuilt but they couldn’t guarantee how long or how far it would run.

“We therefore feel that the bus should have a new short block, but as this would run about $100.00 more than rebuilding the old block. So if you’ll pay the difference that is of what it will cost us over rebuilding the old block $100 then we will put in the new block and you can have the other block in the deal.

“Would appreciate hearing from you concerning the above as soon as possible so as the mechanic can get the engine back to gather as soon as possible.

“Thanking you for your attention to this matter.

“I remain.

Yours Very Truly /s/ Dick E. C. Jarrett

“P.S. Will send you a resale card as soon as we get some more in?”

Walker communicated to defendants by telephone, accepting the offer, and paid the extra $100.

After the sale was consummated and the bus was delivered to Walker, he resold the same, representing to his purchaser that the bus had been equipped with a new short block. Upon being put into use by the new purchaser, the engine collapsed.