Thor Food Service Corp. v. Makofske

This nonjury action is predicated upon an alleged breach of a written retail installment contract entered into between plaintiff and the defendants. Defendants seek to resist payment upon the claim of fraud in the inducement.

The contract concerns plaintiff’s sale to defendants on the installment payment plan of a refrigerator-freezer combination at the agreed price of $1,342.80. Executed on March 15, 1960, the contract provides for 36 monthly installments of $37.30 each, *873commencing April 28, 1960, with acceleration of all payments, at plaintiff’s option, on 10 days’ continued default of any…