Skelton v. Schacht Motor Car Co.

JAMES, J.

Plaintiff sued to recover damages which he alleged that he had sustained by reason of certain automobile

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parts of the value of $177.20 having been converted by defendants, and for the further sum of six hundred dollars for loss of time and money spent in hiring vehicles to use in the place of an automobile the use of which he alleged he was deprived of by defendants. The case came on for trial and it appeared by the evidence that plaintiff, after having purchased an automobile from defendants, became dissatisfied with it because of the improper working of the machine and returned it to the agency of defendant corporation, which was managed by the individual defendants, except Dietz. Dietz was the factory representative of the Schacht Motor Car Company. At the time plaintiff delivered the automobile into the hands of defendants he delivered also certain extra, equipment the alleged value of which has already been stated. He testified that the machine was never redeliverd to him in satisfactory condition, that it was injured and damaged, and that for a considerable period of time he was obliged to hire other automobiles and vehicles to use in the prosecution of his business. It was then shown by plaintiff that after various negotiations respecting an adjustment of the matter had been had he entered into an agreement with the defendant corporation. The original of this agreement was introduced in evidence and it appeared plainly to contemplate an adjustment of the entire controversy respecting the defective automobile and damages for the time during which plaintiff was deprived of the use of it. It was therein recited that the old car and “all equipment and extras belonging thereto” were then in the possession of the agency, and in conclusion it was provided that the title of the old car was to pass to the agency after a new car had been delivered. It was further provided that defendant corporation should pay one hundred dollars cash as indemnity for the use of the car which had been withheld. Plaintiff in his testimony admitted that he had received the new car according to the terms of this agreement and that • he had accepted and used it since the day of its receipt. These things being shown to the court, defendants moved for a judgment of nonsuit. Plaintiff’s counsel objected to the granting of the motion and stated that there was other evidence to be introduced, but made no contention that by this other evidence any different state of facts could be shown than that already illustrated by the plaintiff’s testimony and the docu