National Ass'n of Creditors, Inc. v. Ultican

During the month of April, 1929, plaintiff’s assignor, by contract of conditional sale, agreed to sell to defendants, for use in their restaurant, an instrument known as an orchestrope. The machine, not giving satisfaction, was later replaced with another of similar type, the old contract standing.

November 10, 1933, defendants were in default under the contract. At this time, the vendor was demanding that something be done, and defendants were claiming damages because of the failure of the machine to function to their satisfaction. A representative of the vendor and defendant R. J. Ultican…