Nope. Paying for it completed the contract obligation on his part. Having 80% tires would complete the contract obligation on the seller/auctioneers part. Subsequent, taking delivery could be argued that the tractor "had 80% tread on it when transferred" but now has some lesser wear.
Depends on the court. I can tell you from past experience, if one is from the right, and one is in a CA court it doesn't matter if the right-leaning person is the plaintiff, or defendant, against any kind of person of the left the person of the right should be prepared to lose. My case happened to be a 1962 Ford 3/4 with a campershell on it, sold in 1985. Even though the truck and camper were more than 20 years old, and had 230,000 miles, the buyer sued me for new shocks(worn out), front brakes(down to rivets), alignment parts(lose as a goose), and steering box(sloppy). Sold "AS-IS, WHERE-IS" with a bill of sale. Oct 12th, 1985, San Diego Muni court.
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