Warren-Joel Corp. v. Kirschenbaum

The material facts in this action are not in dispute. On June 22, 1962, defendants purchased various supermarket store fixtures from plaintiff under a conditional sales contract. Payments totaling more than $36,000 (representing approximately 56% of the original purchase price of $63,490.19) were made by defendants up to September 29, 1965, at which time they assigned their assets for the benefit of creditors.

Pursuant to a court order and after newspaper publication thereof, on October 7,1965, an auction sale of defendants ’ assets was held by the assignee. At this sale, plaintiff (the…