Johnson v. Holmes Tuttle Lincoln-Mercury, Inc.

160 Cal.App.2d 290 (1958)

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Nature of the Case

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Facts

Holmes Tuttle (D) sold Caldera a car. Three weeks after the purchase, there was an accident with a car driven by Johnson (P). Judgment was entered against Caldera for P for $4,413.89 and P's passenger for $2,070. The judgments remained unsatisfied. P then sued D alleging that D's salesman was to get full public liability and property insurance for the car and that D failed to get that insurance even after Caldera performed all the terms of the agreement. Caldera first learned he had no insurance after the accident. Caldera requested full coverage insurance, but the salesman only showed them a life policy to pay the balance of the purchase price in the event of death or disability. The verdict went to P and D appealed.