Samuels v. MacK-international Motor Truck Corp.

This is an action for money had and received. Defendant appeals from judgment in favor of the plaintiff. On September 15, 1925, the defend ant sold to the plaintiff, under the terms of a conditional sales contract, two Mack trucks at the price of $13,518. One thousand dollars in cash was paid upon the execution of the contract and two used trucks were accepted by the defendant in part payment at an agreed value of $1,800. The balance of the purchase price was to be paid in 18 monthly installments. Pursuant to the contract, plaintiff made eleven payments aggregating $2,807.53. Three of these…