Calvert

This is an appeal by plaintiff from a judgment of nonsuit, in which the appellant asserts that giving to the testimony introduced its full probative value he established a prima facie case, and that the grounds stated in the motion for the nonsuit were not sufficiently explicit to authorize the court to grant the motion. The action was one’ against the respondent in her representative capacity upon a rejected claim, and contained two counts. The first count alleged a balance due, in the sum of $1,088, on account of the purchase by deceased from the plaintiff of an automobile truck, and the other set forth an account stated. The plaintiff introduced testimony to the effect that on November 21, 1921, the deceased sold to the plaintiff upon a lease purchase contract the automobile in question for the total price .of $2,250, payable $700 upon execution of the agreement and the balance at the rate 'of $155 per month, commencing January 3, 1922; that Calvert made two payments of $155.55 each and at a time when he was five months in arrears, Calvert entered into a conditional contract for the. sale of the truck to one Paden for the sum of $3,000, $900 to be paid upon execution of the…