Sauble

Plaintiff brought this action to recover the sum of $1,200 alleged to be owing to him on a contract. The judgment was in his favor for the amount prayed for and the defendant has appealed.

About the latter part of January, 1920, the plaintiff bargained with the defendant for the purchase of a truck. This truck he desired to operate for the purpose of earning his livelihood. At the time the negotiations with defendant were had plaintiff owned an old truck which he offered to have credited upon account of the purchase of the one defendant was proposing to furnish him. It was finally agreed that the old truck should be received by the defendant at a pmee of $1,000; that the plaintiff should add thereto the sum of $200 in cash, and that this amount of $1,200 should constitute the first payment on the truck purchased, the full price of which was $3,750. This latter truck was not a new one and was not so understood to be by the plaintiff. The transaction was closed and a written contract signed which contained various terms, including stating the dates upon which installment payments were to be made, the amount due monthly as set forth therein being $212.50. The written contract in one…