Ellner v. Commercial Credit Corp.

Upon the pleadings, the motion could not be granted, because the complaint states a good cause of action, in that it alleges that the purchase price was $2,155. It cannot be inferred from the complaint that the finance ■ charge of $320 was a part of the purchase price. But, apparently, the parties desire to have the controversy determined on the merits, without a trial, and have submitted stipulations as to the facts, with permission to the court to read into the complaint the facts that would be adduced upon a trial, and decide the issue, accordingly.

The action is (pursuant to section 80-e…