Applegarth
Applegarth v. Weintraub
Opinion
Lead Opinion
Sure, J.
Plaintiff advertised his Dodge sedan automobile for sale for the sum of $750. Defendant sought to purchase, offering a fourth Liberty Loan bond of the par value of $500 on account of the price. Plaintiff not knowing what the bond was worth, both parties went to the Mercantile Trust .Company, where plaintiff did his banking. The bond was exhibited to Mr. Ahnfeld, clerk in the bond department, and in the presence of plaintiff and defendant Mr. Ahnfeld stated that the bond was a “temporary” bond, worth about $480. Defendant knew at the time that the clerk had made a mistake when he stated the bond was a “temporary” bond. Defendant knew the bond was a “permanent” bond, as he had previously detached from it some thirty-four coupons and had used them in another transae-' tion. Defendant knew that the bond, with coupons detached, was worth about $200 instead of $480. But he made no disclosures. The parties then went to plaintiff’s office where the deal was closed. Defendant delivered to plaintiff the Liberty bond and a certified check for $240, and plaintiff delivered the automobile to the defendant, together with a bill of sale which recited that the consideration for the sale was…