Auto Brokerage Co. v. Ullrich

The opinion of the court was delivered by

Minturn, J.

Having discovered shortly after her purchase of an automobile truck from the New York Commercial Yehicle Company, Inc., that the truck was not as represented, the defendant, through her attorney, notified the vendor of the fact, and requested it to send for the truck and to refund her the. money paid on account of the purchase price. After the purchase of the truck the vendor assigned its conditional sale agreement or contract of purchase to the plaintiff, which brings this suit in replevin to recover possession of the truck for failure of…