Meserve

Defendants are dealers in automobiles. Plaintiff purchased from them a “new” car, turning in his “old” car in part payment to the amount of $1,900. The contract evidencing the deal was in writing and contained the provision: “Old car to be sold for as much more than $1,900 as possible and net balance to be credited to” plaintiff. Defendants then transferred the old car to a third party for the sum of $1,600 in cash and a used Chevrolet car, which, to quote from appellant’s brief, “was taken in by defendants at the agreed figure” of $750. Before making this deal defendants expended the sum of $162.65 in repairs on the old car. As the sum of $1,600, representing the cash received by defendants on the old car, and the sum of $750, the “agreed figure” placed on the Chevrolet, together make the sum of $2,350, plaintiff brought this action against defendants for the difference between $1,900 and $2,350, or $450, basing his claim upon the ground that the old car had been sold under the writing above mentioned for $450 more than the $1,900 specified therein. Defendants made their defense upon the theory that, although the Chevrolet car was taken by them at the agreed price of $750, it was…