刘家庄青年农民刘兴去年12月与邻村农民张起谈妥,以3000元购买张起的一辆三码车,并将当时身上带的1200元现金交给张起作为定金,说:“明天我将款带齐来开车,只要车子不坏就行。”然而,就在这天夜里,张起家车棚倒塌,将三码车拖斗砸坏一处,车把砸弯。第二天下午刘兴携款来开车,见状后决定不买了,要求退还1200元。而张起却说刘兴既已买了车,损坏又不是自己的责任,所以,只答应修复后交货,拒不退还预交的1200元。为此二人发生争吵,刘兴无耐,只好诉至法院。法院审理后认为,这是一起口头买卖合同纠纷。三码车的损坏责任应由其所有人承担,并随着 In December last year, Liu Xing, a young peasant in Liujiazhuang, agreed to buy a three-yard car from Zhangjiakou with a neighboring village farmer and handed over the 1,200 yuan cash to Zhang as a deposit. He said: Tomorrow, I will bring the models to drive together, as long as the car is not bad. “” However, just this night, Zhang car shed collapsed, the three yards car trawl smashed a hit the handlebar smashed. The next afternoon, Liu Xing carrying a car to drive, saw the decision not to buy, asking to refund 1,200 yuan. Zhang said that he has already bought a car, damaged and not their own responsibility, so only promised to repair the delivery, refused to refund the pre-paid 1,200 yuan. For this two quarrels, Liu Xing no resistance, had to sue the court. After hearing the court, this is a verbal sale and purchase contract dispute. Three yards car damage liability should be borne by its owner, and with