Janssen v. Hook
| Decision Date | 09 August 1971 |
| Docket Number | Gen. No. 70--243 |
| Citation | 272 N.E.2d 385,1 Ill.App.3d 318 |
| Parties | , 9 UCC Rep.Serv. 846 Donald JANSSEN, Plaintiff-Appellee, v. Howard HOOK, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Petty & Kightlinger, Wm. B. Petty, Mt. Carroll, for defendant-appellant.
Craig E. McGuire, Polo, for plaintiff-appellee.
On March 5, 1969, the plaintiff filed his complaint against the defendant for an alleged breach of an oral sales agreement and asked for damages in the amount of $3,200.00. The defendant filed a general denial and a counterclaim for $2,000.00 for breach of warranty as to the condition of the equipment purchased. The matter proceeded to trial, with no jury, on August 8, 1969 and the Court entered a 'preliminary opinion' that found on the issues in favor of the plaintiff but requested further evidence in regard to the value of the subject matter of the sale. A second hearing was accordingly held on October 24, 1969 whereafter judgment was entered in favor of the plaintiff in the amount of $2,300.00. After post-trial motions were denied, the defendant appealed from that judgment.
At the first hearing, the plaintiff testified that after several conversations with the defendant, it was agreed that he would sell two milk trucks and certain other equipment together with the rights to two milk routes to the defendant for $8,525.00. The defendant was to assume the balance of $4,950.00 owed by the plaintiff on the trucks and pay the difference in cash. On December 15, 1967, the plaintiff transferred title to the equipment and trucks to the defendant but received only $400.00 in payment. The wife of the plaintiff testified that she overheard the conversation between the parties and the defendant promised to pay $3,600.00 in cash and assume the unpaid balance on the trucks.
The defendant testified that he had agreed to 'take over' the trucks for the $4,950.00 still owed on them and pay an additional $400.00 for one of the milk routes but nothing on the other route since the plaintiff himself had paid nothing for it.
It was disclosed at the hearing on October 24 that the plaintiff had purchased the two trucks and equipment from one Gene Behrens in September 1966 for $7,500.00. In addition, the plaintiff took over Behren's milk route at that time and paid him a percentage of the proceeds received from Kraft Foods for milk obtained on the route. The plaintiff testified further that after he purchased the trucks from Behrens he replaced an engine in one for a cost of $950.00. Other witnesses testified for the plaintiff that the value of the equipment and routes sold was at least $7,500.00.
The defendant himself testified that the trucks were in poor condition when he obtained them and that he was compelled to spend considerable amounts of money to get '* * * them back into decent shape where a guy could haul milk * * *' Bills paid by the defendant for various work done on the trucks were received in evidence together with estimates prepared by a mechanic for additional maintenance. Behrens, the original owner, testified for the defendant that in his opinion the trucks were probably not worth even the $4950.00 in December, 1967. He also testified that the milk route itself was of little worth although he acknowledged receipts of approximately $100.00 a month for his share of the income derived from them. An officer of the bank holding the security interest on the trucks and equipment also testified for the defendant and stated that he was familiar with those items and that they were not worth more than the balance still owed on them.
After all proofs had been submitted, the trial court found that the parties had agreed to a transfer of the equipment and routes for $7500.00, $4800.00 of which was the balance of the assumed obligation to the bank. Of the difference of $2700.00, the defendant had paid $400.00 leaving a balance of $2300.00, the amount of the judgment.
The defendant here contends that the judgment thus entered was against the manifest weight of the evidence and that the trial court did not consider the testimony of the only two disinterested...
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