Paine v. Meier & Frank Co.

This is an action for money had and received. In 1924 the defendant Meier & Prank Company sold to Ross Enyart and Bessie L. Enyart, under a conditional sales contract, certain furniture and fixtures amounting to $23,959.88. This property was to be used in a hotel which the purchasers had leased from Herman Winters and D. E. Steele. $4,200 was paid upon execution of the contract, the balance of the purchase price being payable in monthly installments of $400. Time was made the essence of the contract. The Enyarts operated the hotel until 1927 when they sold and assigned their interests in the…