Feagins
Feagins v. Burton
Opinion
Lead Opinion
Thompson, J.
On July 30, 1924, appellant and respondent entered into a written agreement whereby respondent, who owned an equity in a certain ranch in Riverside County, California, agreed to deed his equity therein, together with certain personal property located on the ranch, to appellant, who in turn agreed to deliver to respondent a certain Willys-Knight automobile and also to deliver to respondent an agreement of credit, allowing Mm a credit of $500 on any used car respondent might desire to choose from appellant’s stock of used cars within six months from the date - of the contract. The evidence established the following facts: That respondent performed every act required of him to be performed under the terms of the contract, and that appellant delivered to respondent the WiEys-Knight automobile, but failed to deliver the credit memorandum above referred to. These further facts were brought out by the evidence: That during the six months’ period respondent made several trips to appellant’s showroom and looked at the cars there on display; that on different occasions he selected two Ford automobiles from among appellant’s stock but did not purchase them because appellant informed him they…