Glennan

Judgment went for the defendant in an action instituted by the plaintiff to recover the sum of $418.29, alleged to be due for and on* account of the pur chase of a certain automobile truck. From this judgment the .plaintiff appeals.

The record shows that on or about the fifteenth day of June, 1929, the defendant, then a resident of Salmon City, Idaho, entered into an agreement of purchase with the Foersehler Motor Company, of Butte, Montana, for a certain motor-truck. The purchase price, as found by the court, was the sum of $1750, upon which there had been paid the sum of $1541.65, $375 of said sum having been received by the plaintiff from a resale of the truck involved in this action. At the time of the purchase the defendant paid the sum of $600, partly in cash and partly the value of an automobile taken in trade, and thereafter paid the sum of about $300. Additional payments were made, apparently by the motor company, to the plaintiff.

The testimony of several witnesses is to the effect that the purchase price, as found by the court, was the sum of $1750, to be paid for in weekly installments of $35. After the oral negotiations had been concluded the record shows that the…