Penchoff v. Walter E. Heller Co., Inc.

Action for conversion of an automobile. There was a verdict for the plaintiff for $800. The defendants appeal from an order denying their alternative motion for judgment or a new trial.

The plaintiff purchased an automobile from the Kelly Automobile Company, and the latter sold its interest in the contract of sale and the automobile to the defendant Walter E. Heller & Company. The defendant Bondy was the representative of the latter company engaged in liquidating its accounts. By the contract the time of payment was made the essence 'of the contract, and the plaintiff agreed “that the title to…