Graziani v. Elder & Walters Equipment Co.

HAMITER, Justice.

Plaintiff, Vincent Graziani, operating under the trade name of Action Cartage Company, sold and transferred to defendant Elder and Walters Equipment Company, Inc., on terms of credit all of his motor trucks, trailers and equipment, together with an Interstate Commerce Commission Carrier’s Permit or Certificate, for a total consideration of $15,000. On defendant’s failure to pay more than $7,000 of the agreed purchase price plaintiff instituted this suit to recover the balance or $8,000.

After the commencement of the litigation but before trial, the litigants entered into and…