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HAMILTON v. NEFF

No. 42,674

189 Kan. 637 (1962)

371 P.2d 157

CECIL HAMILTON, Appellant, v. DAVID F. NEFF, d/b/a NEFF AUTO SALVAGE CO., Appellee, and W.M. BRILEY, Defendant.

Supreme Court of Kansas.

Opinion filed May 5, 1962.

Attorney(s) appearing for the Case

T.L. O'Hara, of Wichita, argued the cause, and Laurence S. Holmes, of Wichita, was with him on the briefs for the appellant.

Robert T. Stephan, of Wichita, argued the cause, and Harry W. Saums and Eugene L. Pirtle, both of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the plaintiff in a tort action from the order of the trial court sustaining defendant's motion for a directed verdict and overruling plaintiff's motion for new trial.

Plaintiff, a mechanic, was in need of an automatic transmission for a 1948 Buick and on February 10, 1956, he telephoned the Neff Auto Salvage Company in Wichita and talked with W.M. Briley, manager of the salvage...

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