Allied Bldg. Credits, Inc. v. Ellis

McDONALD, Chief Justice.

This is a suit on a note, and arises out of the following facts: Ellis and wife, Ap-pellees, entered into a contract with one Duffey for the purchase of a wall heater and an attic fan. On 30 Aug. 1950 Ap-pellees executed an installment note payable to Duffey for $605. which was for the amount of the purchase, less down payment, plus finance charges. Duffey installed the fan but never delivered or installed the wall heater. Prior to the time the note became due Duffey sold it to Appellant Finance Company by endorsement warranting that all articles and materials have…