112 S.E. 921 | S.C. | 1922
July 5, 1922. The opinion of the Court was delivered by Action of claim and delivery for the possession of an automobile upon which the plaintiff claims to hold a chattel mortgage to secure a past-due note.
The defendant purchased an automobile from the plaintiff for $1,425, for which he paid $325 cash, delivered a used car valued at $500, and gave notes aggregating $600 for the balance. He set up as a defense to the action that at the time of the trade the plaintiff agreed that, if the particular make of car declined in price, the defendant would be allowed a credit of the amount of such decline upon said notes, that the price had declined $315, and that with that credit and certain payments made by him there was only due $35 upon the notes which he tendered.
Upon the trial the presiding Judge excluded testimony tending to establish that defense and directed a verdict for the plaintiff. The defendant has appealed.
Under the case of Cline v. Farmers' Oil Mill,
The judgment of this Court is that the judgment appealed from be affirmed.